Grace runs a small shoe repair business in Bankstown. Kelly took a pair of his mens'leather shoes to be repaired by Grace. Grace presented Kelly with a receipt which she asked Kelly to sign. Kelly signed the document without reading it.

Two days later Kelly returned to Grace's shop and presented the receipt to collect theshoes. Grace told Kelly that the shoes had been badly damaged whilst being repaired, and that the damage had been caused byGrace's negligence. Kelly demanded thatGrace reimburse him for the damaged shoes, but Grace refused, relying on a clause that was printed on the receipt and which read as follows:

The repairer shall not be liable for any damage to shoes left for repairs as a result of therepairer's negligence or fundamental breach of contract.

Kelly seeks your advice as to whether he can recover damages from Grace for breach of contract.

Using IRAC, advise Kelly, and in doing so, discuss fully all relevant legal issues that arise in these circumstances. Your answer must be supported with relevant case law authorities.