Question

On 4 October 2021, Wame entered into a contract for driving lessons with Tumelo. Wame paid P1000.00 for 10 lessons at the price of P100.00 each in advance. When Wame paid for the lessons, there was a sign displayed behind the counter which stated Tumelo’s standard terms of business. These included the following clauses:-

1. Tumelo is under no liability to his client for any accident which might, through reasonable care by the client, have been avoided.

2. No refunds shall be provided for cancelled lessons.

On 10 October 2021, during Wame’s second lesson, as she was driving Tumelo’s car under Tumelo’s supervision, she was directed by Tumelo onto a busy main road. Wame panicked at the heavy traffic, and crashed the car into a traffic light, despite Tumelo’s best efforts to stop her. The damage to the car was slight, but Wame was considerably shaken up by the incident, and has refused to take any further lessons with Tumelo. Wame now suffers from recurrent nightmares since the accident.

On 1 November 2021, Wame cancelled her lessons and requested for a refund of P800.00. Tumelo denies that the crash was his fault, and demands to know when Wame will be taking her remaining lessons. Tumelo has refused to refund any of the money.

ADVISE THE PARTIES​

Answer 1

Answer:

On 4 October 2021, Wame entered into a contract for driving lessons with Tumelo. Wame paid P1000.00 for 10 lessons at the price of P100.00 each in advance. When Wame paid for the lessons, there was a sign displayed behind the counter which stated Tumelo’s standard terms of business. These included the following clauses:-

1. Tumelo is under no liability to his client for any accident which might, through reasonable care by the client, have been avoided.

2. No refunds shall be provided for cancelled lessons.