Question
(b) Sybil is the owner of a private collection of photographs depicting rural life in Spain. Basil is a businessman and wants to hire a
(b) Sybil is the owner of a private collection of photographs depicting rural life in Spain. Basil is a businessman and wants to hire a set of 20 photographs to use in a business presentation to the government of NSW seeking funding to establish a business exporting Australian-made winter coats to Spain. Basil hires the 20 photographs from Sybil for a period of 7 days at a fee of $15 per day per photograph. Clause 3 of the written contract of hire stipulates that if the photographs are not returned after the seven-day hiring period, Basil must pay Sybil damages of $30 per photograph for every days delay in returning the photographs. Basil is 10 days late in returning them. Sybil insists on being paid $3,000 in damages in accordance with clause 3 of the contract and seeks your advice as to whether she would be successful in any court action against Basil for that amount.
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