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10 marksContractual Terms and Vitiating Factors

CAPE Law Unit 2 · 2008 · Paper 2 · Question 1(b)

Adam stays at a guest house described in its promotional brochure as offering comfortable rooms, a bay view, and a full breakfast. The actual room is small with an obstructed view, and the breakfast is minimal. Adam demands a refund, but the management points to a 'No refund' exclusion clause printed on the back of the registration card he signed.

With reference to decided cases, explain to the management the extent to which they can rely on the 'No refund' exclusion clause.

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Other parts of this question

  1. 1(a)(i)Identify which parties would be held liable for the damage caused to the neighbour's premises.[2 marks]
  2. 1(a)(ii)Using relevant case law, explain the legal basis for the liability of each party identified in (a)(i).[8 marks]
  3. 1(c)(i)With reference to decided cases, identify and explain the legal basis of Ruth's claim to entitlement to the property as a joint tenant with Noah.[6 marks]
  4. 1(c)(ii)Comment on the likelihood of Ruth succeeding in her claim, referring to decided cases.[4 marks]

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