Analysing the Remedies Katy may seek after being Injured in a crash and.
having her Property Stolen at a Go-Kart track subsequent to Signing a Contract.
Derek - the owner of Krazy-Karts' hires out go-karts along with safety equipment on his tack in Sheffield. Riders are made to sign a form and told to follow safety instructions before racing starts. One of the riders, Katie leaves her valuables in one of the changing room lockers provided by Derek. There is a sign in the changing room explaining that valuables are left at the owner's risk. .
Whilst riding, the lockers are broken into and Katie's expensive watch and £200 spending money are stolen. Concurrently, Katie carelessly crashes by not following the safety instructions. In doing so she breaks her leg. Further investigation finds that her go-kart had faulty breaks and was the result of Derek not servicing it as of late. Katie decides to take legal action against Derek. .
The main issues are as follows: .
1. The condition to sign the declaration as insisted by Derek before racing. .
2. The effectiveness of the form and the consideration of timing. .
3. Derek's legal responsibility in having had the go-kart serviced before hiring it out.
4. Finally, the applicability of the sign in the changing room - its effectiveness. .
The condition to sign the declaration as insisted by Derek before racing.
According to E. Macintyre (2001); "A contract is a legally binding agreement."" Almost all contracts are made through the method of offer and acceptance. In this situation, Derek is offering a service by hiring out go-karts in the course of his business. Katie by opting to hire a go-kart accepts the offer, and no doubt would confirm this by providing consideration in the form of money to hire the Go-kart per hour. What we have to clarify in Katie's case is if the document is contractual and would a reasonable person expect to find the terms and conditions in that document.