· The word limit is 700 words. Assignment Instructions · It is recommended that

Question

·       The word limit is 700 words.

Assignment Instructions

·       It is recommended that you use the IRAC problem solving method.

·       You may use headings and subheadings to structure your answer.

·       Your answer must include legal references (relevant cases and/or sections of Acts).

Question 2

Earlier in the day, when Rob arrived at the Fancy Hotel before the performance, he was surprised to find that there was a valet car parking service. Rob had not been to the Fancy Hotel before but had used a valet car parking service in the past at another venue. He gave the keys of his Mercedes to the valet attendant and received a ticket in return. He put the ticket into his wallet without reading it.

At the end of the night, he goes to the valet desk and to ask for his car, but it is missing! One of the valet attendant’s recalled handing the car keys over to a customer who had lost his ticket but who was able to identify the car when walking through the carpark.

Rob is furious and demands to speak to Steve, the hotel manager. Steve points to the back of Rob’s ticket which reads: ‘The Fancy Hotel will not be responsible for any damage caused to cars howsoever that damage is caused.’ Steve then says that the same clause is also printed on a large sign in the Hotel entrance. Rob protests and says that he never read the ticket and as he did not enter the Hotel through the main entrance he never saw the sign. Rob wants to sue.

Using relevant legal principles, discuss whether Rob would be able to sue the Hotel, or whether the Hotel would be able to rely upon the exclusion clause.

Explanation / Answer

Under the exclusion clause the liability of one party ,ay get limited when a clause of exemption is involved. This clause could be incorporated by signature or by notice or by previous course of dealings.

In such case the incorporation could be held by notice. Under incorporation by notice, the affected party must be given adequate warning of explicit agreement. In this case the clause written on the back of the ticket can not be ruled as the exclusion clause because such ticket was dispense after the conclusion of the contract of parking the car into the valet. Secondly The notice on the entrance of the building was deemed insufficiently precise to allow disclaimer of liablity of injusry for those who do not enter from the front doors. Henec not adequate warning is issued here in the case. And thus Rob would be able to sue the Hotel.

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