Question
Anna-Kay is a magician's assistant who works with James the Magnificent. Their act performs on the north coast hotel circuit, and Anna-Kay is well known
Anna-Kay is a magician's assistant who works with James the Magnificent. Their act performs on the north coast hotel circuit, and Anna-Kay is well known for her elegance and glamorous gowns. Anna-Kay's gowns are cleaned only by Superb Clean, and she delivers and collects them personally. Anna-Kay is very satisfied with the service of Superb Clean and has been a customer for 5 years. On January 4, Anna-Kay delivers a gown to Superb Clean to be ironed.
The attendant informed Anna-Kay that the turn-around time was 5 days, and Anna-Kay emphasised that she needed the gown for an appearance on January 16. When she handed over the gown, Anna-Kay received a receipt that she did not read. As was her custom, Anna-Kay took the receipt to her car and placed it in the glove compartment.
Had Anna-Kay read the receipt, she would have noticed that the back included the following:
"CONDITIONS - READ CAREFULLY Superb Clean will not be responsible for any shrinkage or colour loss caused to any item delivered for cleaning."
When Anna-Kay collected her gown, she discovered that it had a burn mark on it, and that two buttons were missing. Superb Clean has told Anna-Kay that they are not liable for the loss sustained and that any possible liability would have been excluded by the notice appearing on the back of the receipt, which she had not read. The notice appearing on the back of the receipt has been posted in large print as signs on the walls of Superb Clean for 12 months prior to the date on which the gown was left for cleaning, but Anna-Kay had not noticed it.
Advise Anna-Kay.
This question deals with the Law of Contract( Terms/Implied Terms), in the Commonwealth Caribbean Jurisdiction.
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