Question
Jack is travelling overseas for an extended period and decides to garage his Tesla with Security Whiz Pty Ltd. Jack leaves his car with an
Jack is travelling overseas for an extended period and decides to garage his Tesla with Security Whiz Pty Ltd.
Jack leaves his car with an employee of Security Whiz Pty Ltd and pays the storage fees after which he is handed a document that has the word 'receipt' printed in bold type on its face. On the back of the document are terms relating to storage of property, which includes the following clause:
"Security Whiz Pty Ltd, its employees, agents and contractors hereby exclude any liability for damage or loss to property held in storage." The manager does not draw Jack's attention to the conditions.
As Jack was leaving the office premises, he observes a noticeboard at the back of the office premises he was at, where he paid for the fees. The noticeboard has a number of terms on it including the following term:
"Owners of cars park at their own risk."
The manager later realises that the vehicle had been parked in an incorrect garage by one of his employees. He asked another employee to move the car to the correct garage bay, in the course of which, due to it being his first day on the job, the employee collides with a pillar and causes considerable damage to the vehicle.
Please answer each of the following questions in IRAC format using relevant legal principles and case-law:
(a) Advise Security Whiz Pty Ltd as to whether the exclusion clause on the receipt and noticeboard can be easily relied on to escape liability for damage to Jack's Tesla?
(b) Would your answer be different if the exclusion clause was found on a document which Jack had to sign?
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