Michael has bought a new bicycle and decides to sell his old one to Jerome for £250. Michael tells Jerome that he will only sell under the condition that he will not be held liable for any personal injury Jerome sustains as a result of any defects in the bicycle. A month after the sale, the frame collapses while Jerome is riding the bicycle and he breaks his leg. Jerome asks Michael to cover his hospital bills, but Michael reminds him of the exemption agreed to before the completion of the sale. Can Michael rely on this exemption of personal injury?
A) No, the exemption was not agreed to in writing.
B) No, UCTA prohibits exemptions for liability for death or personal injury. The clause is invalid.
C) No, a clause excluding or limiting the legal liability of a seller in the event of the death or personal injury of the consumer is considered indicatively unfair under CRA and not binding.
D) Yes.
Correct Answer:
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