Discuss law relating to liability for damage to the car

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Reference no: EM133936065

Question

Howard stopped his car at the barrier entrance to a car park and an automatic ticket machine pushed out a ticket. There was a large notice attached to the barrier which read:

"STOP

Parking at Owner's Risk. Take Ticket from Machine.

Pay when Leaving."

Howard put the ticket in his pocket without looking at it and the barrier went up automatically. Howard drove into the car park and parked his car. When he returned to go home, he found his car flattened beneath a large concrete pipe that had fallen from a crane owned by the parking station proprietors working on an adjacent building.

The parking ticket had the following notice printed on it:

"CONDITIONS OF PARKING: It is a condition of the issue of this ticket that vehicles are parked on these premises at the owner's risk and responsibility. The proprietors of this car park accept no responsibility for loss or damage to vehicles in the parking area whether caused by negligence or in any manner whatsoever."

Discuss the law relating to liability for damage to the car in these circumstances, by comprehensively stating the contractual principles involved.

Give the strengths of the cases for the plaintiff car owner and the defendant proprietors.

Reference no: EM133936065

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