It has been written below in the assignment criteria Essay

It has been written below in the assignment criteria - Essay Exampleunder spot II of the Supply of Goods and Services Act 1982 (the Act1) and Section 13 the service will be carried out with reasonable care and skill where it is done in the course of business as in the current scenario. Therefore failure to do so entitles go to make a claim for breach of engagement and damages or alternatively under the law of negligence2which is what Burt Co is purporting to exclude and limit under its terms of business.The factual scenario argues that both Adam Co and Burt Co had a regular course of dealing in respect of the Burt Cos provision of car valet services, which were ostensibly contracted into on Burt Cos standard terms of business. The issue in contention is whether the contract was for the Deluxe Service and if not, whether the exemption clause was incorporated into the contract.Whilst there is nothing to indicate that Adam Co expressly accepted and signed Burt Cos standard terms an d conditions, it is evident that the process of handing Adam Co Burt Cos standard terms of business happened approximately eight to nine times within a twelve month period, which will render it difficult for Adam Co to argue that the terms and conditions do not cover the terms and conditions due to the regular course of dealings between the parties3. This in turn is decisive to the enforceability of the exclusion clause4.With regard to the current scenario, the most applicable scenario will be incorporation of terms based on previous dealings between the parties. For example, in the case of J Spurling Limited v Bradshaw,6 in circumstances analogous to the current scenario, Bradshaw had received the document with the exemption clause on previous dealings with the defendant on numerous occasions and the Court of Appeal concluded that by the course of business and conduct of the parties the clause was part of the contract7.In the Bradshaw case the clause had been incorporated notwiths tanding the late arrival of the document