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Julie, an old age pensioner, bought two sweaters from Bob. She did not see the sign denying liability and had not previously been to Bob's stall. She intended to use the wool to knit booties for her newly born grandchild. Whilst unravelling the garments, she contracted dermatitis due to the fact that Bob had negligently used an unusual dry cleaning fluid on the garments. Is Bob liable to Julie for her dermatitis? A. Yes - The exclusion clause was not incorporated into the contract and even if it had been, it is not possible to exclude liability for death or personal injury by negligence. B. No - Exclusion clauses are always operative when sales occur in the course of business. C. Yes - The exclusion clause was not incorporated into the contract and was therefore non-operative. D. No - The exclusion clause effectively precludes Julie from having a remedy. |