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Mr. Brown bought a ticket to travel on SuperSpeedy Trains Ltd. The ticket contained a statement reading 'For Terms and Conditions of issue see the SuperSpeedy Trains Ltd. rule book available from the ticket office'. There was a big notice at the ticket desk stating that travel was subject to the company's terms and conditions. Mr. Brown was badly injured when a porter, employed by SuperSpeedy Trains Ltd, drove an electric cart into him on the platform whilst he was trying to board the train. SuperSpeedy Trains Ltd. sought to rely on the clause in their rule book which stated 'No liability is accepted for any loss or personal injury suffered by Railway users'. What is the likely outcome of Mr. Brown’s action? A. His action will succeed because the notice was inadequate. B. His action will succeed because notice was not given until after the transaction had been conducted. C. His action will fail because he was given adequate notice of the exclusion clause. D. His action will succeed because it is not possible to exclude liability for personal injury caused by negligence. |