Eyevan recently joined St Louis Gym
Eyevan recently joined St Louis Gym. He received his contract by email, did not read it and emailed back his acceptance. The following clause is contained in his contract, at Page 9 of 25, in small print:
9.2.1. Management will not be liable for any injury or damage to property on the premises.
He goes to YourChoice supermarket and picks up a pack of Green Bull energy drink from the fridge to put in his basket. On reaching the till, he realises that he is allergic to the ingredients and leaves the pack on the chocolate shelf. One of the supermarket attendants sees him and tells him he needs to pay for the drinks. He smiles and moves the drinks into the ice cream cabinet.
He makes his way to the gym and as he enters the gym, slips on some water by the door which was not cleaned by Paul, the gym attendant. His recently purchased Turbine Watch, a sophisticated watch from Denmark which measures cleanliness of hands, is damaged and his foot is also injured. CCTV footage shows that Eyevan was trying to take a selfie as he entered the gym and did not see the Wet Floor Sign.
a) Explain the concept of offer and acceptance according to the above scenario in the supermarket, using relevant legislation and case law.
b) Define what is meant by ‘past consideration’
c) What are the implications of the contract clause 9.2.1 in relation to the scenario. You should use relevant legislation and case law in your answer.
d) Explain which remedies are available for Eyevan under negligence in relation to what
happened at the gym.
Please prepare a report of 1000 words on the above scenario.
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