Jane turned up for a yoga session at her local fitness centre. After she paid for her session, she was given a receipt and which at the bottom of it in fine print had the following wording: “The Centre, its employees and agents accept no responsibility for loss or damage to any of your belongings. Please guard your belongings at all times.” She asks the representative whether the disclaimer would apply if she put her belongings in the lockers provided by the business. The representative replied stating: “The wording only applies if you kept your belongings anywhere else and only if they are stolen.” Janet placed her belongings in the lockers provided. Jane came straight from work and had her Blackberry and some client files in her handbag. When she was about to enter the classroom, she saw a noticeboard which had similar wording (as above) on it. Jane returns from the break to find her Blackberry was damaged. Advise Jane on her legal position under the topic of ‘Terms of a Contract’. Refer to relevant case(s) in your answer. In your answer, be sure to address the following questions: (a)What type of clause was found on the receipt Jane received? Issue: – Law: – Application: – Conclusion: – (b)Was the clause effectively incorporated into the contract? (i.e. was it a document to be signed or unsigned document and what was the legal effect of it being either one of those above) Issue: – Law: – Application: – Conclusion: – (c)What was the legal effect of the representative’s reply to Jane’s question about the clause on the receipt? Issue: – Law: – Application: – Conclusion: – (d)Was the wording of the clause clear? Issue: – Law: – Application: – Conclusion: – (e) Advise on Jane’s rights to sue for the damage to her Blackberry. Issue: – Law: – Application: – Conclusion: – (e)Would your answer for (e) be different if Jane was required to sign the receipt? Issue: – Law: – Application: – Conclusion: – (10 Marks)
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