Salsa Dancing

1401 Words6 Pages
Salsa Dancing Robert and his wife, Lucy, decide to take dance classes at a local Salsa dance club. They used to go to ballroom dance classes at the same club some years ago. Because Salsa dancing has become so popular, they book the classes in advance. On the back of the receipt a printed clause says “For terms and conditions please see notices in the club”. On the inside of the club door a large notice is pinned up. The notice reads, “The club will not accept responsibility for any loss suffered by customers”. At their first dance class, the dance instructor, Paul, who also owns the club, demonstrates an energetic step and falls over, knocking Robert to the ground. Robert’s arm is broken and his Rolex watch is damaged beyond repair. When Lucy goes to the cloakroom to get her coat, she finds her coat has been stolen. Advise Robert and Lucy as to any contractual claim they may have. I will begin by looking at the contractual claim Lucy has in respect to the loss of her coat. Lucy’s claim could be based most suitably on the area of Contract law known as incorporation, and perhaps negligence. Dealing first with incorporation. For a clause to form part of a contract it must be effectively incorporated into it. The basic rule of incorporation is that there has to be sufficient notice of the terms before a contract is completed or they will not form part of it. The contract between Lucy and the club was concluded when she accepted the offer of dance lessons, paid her money, and received her receipt. It was at that moment the terms and conditions of the contract were decided and became ... ... middle of paper ... ...t by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence." Robert's broken arm was caused by negligence on the part of the dance instructor; therefore the club is liable irrespective of any exclusion clause it might have put up. Robert is in a strong position to claim against the club using both negligence and construction, with both being equally weighted arguments. Although he is in a less strong position to claim for the damage to his watch because it can be argued having danced previously he was aware of the dangers of wearing breakable jewelery whilst doing such an energetic sport. However, if he were to claim for his watch also he would be best also claiming based on negligence.

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