Question 1: "The Unfair Contract Terms Act 1977 offers adequate protection against unfair terms in contracts between businesses."
Critically discuss the extent to which you agree with this statement.
Question 2:
Nathan went to the bus station one evening in order to make his journey home from work. He purchased a ticket for his travel, which the counter assistant printed from a machine and handed to Nathan once he had paid the ticket fee. He was given a receipt at the same time for the money that he had paid. The receipt stated on the reverse side: "please read carefully the terms and conditions of travel on our website". Nathan did not look these up. The terms and conditions were headed: "Terms and conditions of travel whilst on our buses". It contained two terms that stated:
i) The Company is not liable for any injury that you suffer.
ii) The Company will not be liable in any way whatsoever for the buses not running to the stated times.
No other bus stations or travel companies in the surrounding areas put such terms in their contracts.
Nathan was walking onto the platform where he intended to wait for his bus that evening, and he twisted his ankle on some rather steep stairs leading to the bus platform. Furthermore, Nathan's bus was cancelled, for no apparent reason, and although Nathan was able to obtain a lift from a friend at short notice, the bus company are refusing to refund the cost of his ticket. In fact, the company states that they are not liable for any of these losses.
Advise Nathan as to whether the above terms have been incorporated into his contract with the bus company and then, on the assumption that they have, advise as to their enforceability against Nathan.