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Piers wishes to take an action for damages advise piers

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PRINCIPLES OF COMMERCIAL LAW ASSIGNMENT-

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Piers and Thui with a group of their friends have decided to go skiing.

They present at the ski centre and check in with the Centre Manager. After payment of the fee for the ski lift and ski equipment the Centre Manager asks Piers and Thui to sign a printed form. They both do so without reading the form that was on 2 pages back to back. The Centre Manager said to Piers (which Thui did not hear) that the form was to be signed before they were allowed to ride the ski lift up to the mountaintop for the ski run.

They changed into their ski overalls and approached the lift. At the gate to the lift, Piers noticed a signboard headed 'Important Notice'. Again, he glanced at it but did not read it. During the course of the day they enjoyed skiing. Piers and Thui were Student champion skiers and they had no trouble with the slopes. Just before lunch Piers saw that Thui was on the lift again going to the mountaintop. It was the third time that he took the lift. At the mountain top as Piers was about to get off the lift his seat on the lift buckled, throwing him off the lift. He only fell about a metre but broke his leg in 2 places. Thui came to his aid and with the assistance of the lift operators put Piers onto a snowmobile and took him to the hospital in the nearby town.

Piers was absent from work for a month as a result of the injury. He will now be required to wear a brace for at least 6 months to correct the break in his leg. He approaches you to enquire if he has any claim against the ski centre. The Ski lift had been serviced the week before. Unfortunately, one of the ski centre staff had left a wrench on top of a chain drive mechanism. The wrench fell into the chain drive and cause the lift to buckle.

Once advised of Piers' claim, the ski centre drew to Piers' attention to what was printed on the form he signed and what was displayed on the signboard at the gate to the lift. While it was in small print on the form, on the signboard at the gate to the lift it was easy for all to read. It read:-

IMPORTANT NOTICE

Skiing is great fun but undertaken at your own risk. The operators and owners of the skiing centre and the lifts do not accept any responsibility at all in relation to any injuries suffered by skiers no matter how those injuries may be caused.

Piers wishes to take an action for damages for the personal injury he has suffered.

Advise Piers.

600 WORDS.

8 harvard references.

Verified Expert

This assignment states that declaimer could not completely led to exclude the liability of the company if personal injury has been caused due to the negligence. it clearly states about the types of negligence which are ordinary & gross negligence and accordingly action can be taken. In the states case, Piers can claim for the damages.

Reference no: EM131188680

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