united-kingdom liability negligence
Removing negligent care clause from service agreement
<p>I'm already in an agreement with a dog walker/dog boarding service that takes care of walking my dogs and board them when I'm away and can't take them with me. </p>

<p>Recently I've been notified that the agreement we had originally signed had changed  . The change is as follows:</p>

<p>Original text</p>

<blockquote>
  <p>The service provider can accept no liability for loss or injury to any pet whilst in the Service Provider's care nor for any death of a pet unless it was deemed that the service provider has been negligent in care</p>
</blockquote>

<p>The changed text:</p>

<blockquote>
  <p>The service provider can accept no liability for loss or injury to any pet whilst in the Service Provider's care nor for any death of a pet.</p>
</blockquote>

<p>I am not a lawyer but this strikes me as strange. My question is mainly, what would happen under the new agreement (assuming I sign it) in the cases the Service Provider is negligent in care and my dog gets injured or killed? </p>

<p>For example if while boarding my dog the service provider does not properly secure the kennel or area the dog is in and the dog gets out and gets hit by a car, does this mean the Service provider no longer accepts responsibility for that? Is there any general fallback outside the legal agreement that would help protect me from such an event?</p>

<p>If this helps or is relevant, the agreement is within the United Kingdom. </p>

<p>The provider is not allowed to unilaterally alter the terms of the contract. For the alteration to be binding, both (or all) parties have to agree on the new conditions (I am assuming that your contract does not contain language enabling the provider to make that kind of changes unilaterally).</p>

<p>That being said, beware that the parties' conduct might legitimize the new conditions, thereby voiding the initial contract. You might still prevail because you have an <em>express contract</em>. But to preempt the hassle and expenses of unnecessary litigation, it is in your best interest to (1) notify the provider that his alterations are not binding, and (2) remind him that he is still subject to the clauses of the contract you two signed.</p>

<p>The provider's disavowal of any liabilities stemming from his negligence would certainly constitute <em>breach of contract</em> unless you consent to the altered clause.</p>
