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Words: | Submitted: Fri Nov 18 2005
... 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 fixed, meaning any further terms either party tried to incorporate would have no effect within the original contract. It was the dance club who then attempted to include a clause excluding their liability for loss. ...
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