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Ash has purchased a rst class ticket for her ight to Sydney entitling her to use of the Kwantus Club lounge at the airport while
Ash has purchased a rst class ticket for her ight to Sydney entitling her to use of the Kwantus Club lounge at the airport while waiting for a flight. While Ash '3 getting a drink from the bar, a waiter carelessly spills a tray of drinks onto Ash's expensive laptop, which she left on her seat. When she complains to the club manager, he directs Ash's attention to a sign on the wall that states \"Ihe airline takes no responsibility whatsoever for goods lost, damaged or stolen while using these facilities'. Does the sign prevent Ash from suing the airline for compensation? See Business Law pp 31111-312. Issue 1 Is the disclaimer a term of the contract between Ash and the airline? Law A disclaimer is a statement that one of the parties will not be in breach despite failing to perform one or more of their contractual obligations. A disclaimer will only he part of the connact if: I it is expressly set out in a written contract that has been signed by the parties, I it is expressly brought to the attention of the other party by reasonable notice given before the connect was formed, or I it is implied into the contract as a result of prior dealings between the parties. Applicatio The disclaimer {iss not) part of a signed contract because Reasonable steps {wereiwere not} taken to bring the disclaimer to Ash's attention before the connect was formed because The disclaimer {isiis not) part of the contract by prior course of dealing because Conclusion The disclaimer (isiis not) a term of the contract
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