Question
Annie made a reservation at Frederico's to meet some friends who she hadn't see for a while. While Annie was getting a round of drinks
Annie made a reservation at "Frederico's" to meet some friends who she hadn't see for a while. While Annie was getting a round of drinks from the bar a waiter carelessly spills a tray of drinks onto Annie's expensive designer labelled handbag. She had left the handbag on her seat. Inside the handbag was an expensive Apple watch, iPhone and iPad, these had been affected by the liquid. When she complains to the restaurant manager, he directs Annie's attention to a sign on the wall that states:
'The restaurant takes no responsibility for goods lost, damaged or stolen'.
Annie didn't notice the sign when she walked in because it was obscured by a large cactus.
The legal issue to be resolved:
Is the disclaimer valid? Does the sign prevent Annie from suing the restaurant? Can Annie seek compensation? Is an action likely to succeed?
using the IRAC method: Issue, Rules, Apply & Conclude.
identifying and stating the legalIssues;
identifying and referencing the relevantRules;
for theApplicationofthe rules to the facts; and,
summarising yourConclusion.
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