Question
Elvis and Priscilla entered the Graceland Hotel in Brisbane. After enquiring as to the availability of a room they paid cash for the penthouse suite
Elvis and Priscilla entered the Graceland Hotel in Brisbane. After enquiring as to the availability of a room they paid cash for the penthouse suite for three nights. They had not been to Brisbane previously and did not receive any other information about the conditions of their stay at the time. That night, Priscilla's diamond necklace was stolen from their room. The next morning Elvis received a notice from the Hotel excluding all liability for lost or stolen items. Can the notice legally exclude the Hotel from liability in this situation?
A.The exclusion clause is binding as notice of exclusion clause maybe given at any time during Elvis and Priscilla's stay at the Graceland hotel.
B.The exclusion clause is not binding because of the principles established in Presley v Wagner.
C.the exclusion clause is not binding because notice of the exclusion clause was received after the contract was formed.
D. The exclusion is not binding because it breaches the "four corners rule"
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