Essay: The case of Phoebe and Melbourne Ltd

In the case of Phoebe and Melbourne Ltd., the disclaimers posted in the driveway and at the parking ticket do not reach the threshold of reasonable notice given the nature of liability they purport to exempt. Therefore, Phoebe may file a suit for compensation by provoking the aforementioned legal cause.

Under common law of contracts, a person is bound by the terms of a contract upon appending their signature on a piece of paper authorizing such contractual obligation. This law extends to cover signatures appended by a person that is legally permitted to do so on behalf of another. Hence, after appending her signature, Dessy was bound by the terms of Ted’s Video Equipment shop contract.

On the same note, the law of contracts governs the introduction of clauses that purport to partially of wholly exclude contractual obligation upon signing of such agreements. In 1999, the UK introduced the statutory instrument: SI 1999/2083 – Unfair Terms in Consumer Contracts Regulations, which aims at protecting the consumer from unreasonable limitation clauses.

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