QUESTION

Declan, who lives in Buckinghamshire, owns a car dealership which sells only to other car dealers ‘business to business’. In the summer of 2017, Simon who had purchased cars from Declan in the past, came to see Declan wanting to buy 6 Range Rover Vogue cars to sell on at his own dealership. Declan suggested that Simon should pay a total price of £100,000 and the cars would be delivered on the following Friday. Simon agreed, paid the money, and signed a standard contract with Declan for the sale of the cars. Just as he was about to leave Declan’s dealership he tripped over a pile of tyres that had been left by the main exit. Simon fractured a wrist and smashed his new Tag Heuer watch as he fell. He was also off work for 4 weeks. 

On the Friday, the cars arrived, and Simon realised that one of the six cars had a faulty engine and gearbox. As Simon was now very angry about the whole affair, Simon decided that he wanted to sue Declan for the faulty car and for the injury and damage he had sustained when he tripped. His lawyer Alasdair wrote to Declan threatening legal action. 

Declan’s lawyer Karen replied, referring Simon to the back page of the 7-page contract where a clause stated:

“Declan’s AutoMart will not be liable for any injury, loss, or damage caused to any Business purchaser while on Declan’s property, or be liable for any breach of any statutory obligation wheresover and whensoever that breach becomes known.”