Highlights
Task:
Question 1
Jason and Jennifer had attended a formal evening dinner following which both Jason’s dinner jacket and Jennifer’s evening dress required dry cleaning. Jason took both garments to ABC Dry Cleaning which he had used on numerous occasions. As in the past Ms Grumpy, the attendant, took the garments and handed Jason a docket which Jason placed in his wallet without reading it. When he returned to collect the items he found his dinner suit had shrunk due to being treated at too high a temperature. When he asked for Jennifer’s dress he was told that a woman who looked like Jennifer had arrived to pick it up but said that she had lost the docket. Ms Grumpy had allowed the woman to sort through the garment rack and take the dress which she identified as belonging to her. When shown a photograph of Jennifer, Ms Grumpy admitted that the woman who collected the dress did not look anything like Jennifer. When Jason demanded compensation for both his damaged suit and Jennifer’s dress Ms Grumpy directed him to a clause on the back of his docket which said: ABC Dry Cleaning will not be liable for any damage to clothing left for cleaning howsoever such damage may be caused. Ms Grumpy also pointed to a large sign above the counter which was in the same terms as the clause on the docket. Jason remembered seeing the sign but said that he had never read either the sign or the clause on the back of the docket. Advise Jason.
Question 2
Dan owns a business which sells second-hand cars. He employs you as its legal advisor. Dan phones you one day and tells you about the following issues. The first relates to a customer named Mary who says that she was walking around the car lot and saw a white 2002 Honda Jazz for sale for $14,999. She went into Dan’s office and said that she would offer ‘$14,000 for the Honda Jazz’. He accepted the offer and Mary said that she would collect the car later that day. When she returned to the car lot, Dan handed her the keys of a red 2002 Honda Jazz, which had been at a different part of the car lot. Mary said ‘That’s not the car I bought’. Dan said ‘Well you just said you were buying Honda Jazz and this is the one I thought you were referring to, so here it is’. Mary walks off the car lot and has refused to pay for the red Jazz or take delivery of it. Dan says that as far as he is concerned, Mary should stick by the deal.
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