Legally Binding Agreement in Personal Injury as a Result of Negligence

Case Study Analysis
Student’s Name
Institutional Affiliation
Case Study Analysis
Issue
The issue is if or not Express Coach Company (ECC) would be liable for the injury and damage on Lucy, who had been traveling to work using their coach. In this case, Lucy suffered injuries after hitting her back at the back of the seat.
Rule
One of the ways to form a legally binding agreement is the impossibility of restricting liability for personal injury as a result of negligence. Notably, damage resulting from negligence, such as property damage, could only exclude liability if the notice would have met the reasonableness test (Bayern, 2020). The rule holds in every situation despite whether the terms are in agreement or a non-contractual notice, primarily if the parties involved deal with standard terms or a specially made agreement. In this case, the rule applies despite whether the individual to whom exclusion aims is a customer or a firm. Acceptance, offer, capacity, intention, and consideration are the key elements of forming a legally binding agreement. In the case of Lucy, all the elements are present, thus the need of ECC to compensate her for the damage caused. British Crane Hire Corp Ltd v. Ipswich Plant Hire Ltd. (1974) is applicable following liability of ECC Company. Therefore, ECC had to take reasonable steps in informing the other party about the exemption clause since the injury to the customer is one of the conditions that exempt all types of liability, like in the case of Thornton v. Shoe Lane Parking Ltd. (1971).
In the case of Lucy, it is clear that she suffered injuries and broke her glasses while in a coach by Express Coach Company. The company had provided a notice on the coach that “ECC shall not be responsible for any damage to the damage of the property of the passenger. However, Lucy injured herself, resulting from the driver’s negligence. ECC had provided a notice that the company will not be liable for any damage of property. Therefore, exemption clause was in the notice, thus being a contract without even signing any document. In the case, Lucy and Express Coach Company were the parties that would determine the case's outco...