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A painter goes to a shop, which has been trading for several years, for the first time. The painter hires a set of ladders and signs a collection slip setting out the agreed period and costs. After making payment and as he leaves the shop he sees a notice on the shop wall (‘the Notice’) which states:
“No liability is accepted for defective products hired.”
Does the Notice form part of the contract between the painter and the shop for the hire of the ladders?
A. No, because the contents of the Notice are not incorporated into the contract.
B. Yes, because the Notice constitutes reasonable notice of its terms.
C. Yes, because the painter agrees to the terms of the Notice by signing the collection slip.
D. Yes, because having traded for several years, the shop will be able to prove a consistent course of dealing.
E. No, because the Notice constitutes a mere representation.
A - No, because the contents of the Notice are not incorporated into the contract.
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