Contract Law Case

Contract Law Case

Bob ordered tidy skips to come and drop off a skip which he wanted to

use at his address. Whilst delivering the skip the employee of tidy

skips (Sid) negligently drove the delivery vehicle into the wall of

Bob's house causing it to collapse and in the process damaged bobs new

car. A cost of £1000 was incurred to rebuild the wall and a further

£800 was spent on repairs for repairs on the car.

Bob has hired skips from tidy skips before on a regular basis. On the

past five occasions the invoice that he received afterwards had the

following printed on the reverse:

"Tidy skips shall not be liable for any loss or damage howsoever

caused to a customers premises and if notwithstanding the foregoing,

should any liability for damage to a customers property arise, that

liability shall be limited to £100"

Task

As an assistant at the consumer advice centre I will make arguments

for bobs case and state relevant cases of contract law which affect

it, I will also offer a most likely result of this dispute with a

reasoned answer.

Assumptions

A contract is when two or more people reach an agreement this can be

done orally through speech or a countersigned document. The contract

in this case was made orally as Bob had made the reservation over the

telephone with Tidy skips who were to deliver the skip the following

day. The case involving Bob V Tidy Skips comes under contract law and

there is definitely a contract there as he was provided the service he

ordered.

There was an exemption clause which was printed on the reverse side of

the invoice which he received afterwards. This means that he did not

see the exemption clause before he received the invoice after the

contract was made. Information regarding the clause was printed on the

reverse side where you are supposed to find account information. Bob

had knowledge of the exemption clause as he had already seen it