COMM 393 Chapter Notes -Fundamental Breach
Document Summary
Exclusion clauses not enforceable if: seller does not do what is reasonable to bring terms to buyer"s attention. If knew that there"s writing and knew or believed that writing contained conditions, then bound by conditions: there is evidence of fraudulent misrepresentation, there is evidence of gross negligence, there is evidence of fundamental breach. Decision: the plaintiff is bound by the conditions excluding liability as set forth on the day pass and notice sign. In order for exclusion clauses of any sort to be binding, seller must do what is reasonable to bring terms to buyer"s attention should be clear & unambiguous; clause should be bolded, etc. Exclusion clauses not enforceable if: seller does not do what is reasonable to bring terms to buyer"s attention, dealer is selling new goods to an ordinary consumer (sga s. 20) Defendant has taken reasonable steps to draw the terms of exclusion of liability to members of the skiing public, including the plaintiff.
