Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Melissa purchases a ticket to the musical Cats, which is playing at Brisbane's Convention Centre (BCC). On the evening of the performance, Melissa walks to

Melissa purchases a ticket to the musical "Cats", which is playing at Brisbane's Convention Centre (BCC). On the evening of the performance, Melissa walks to the cloakroom (a secure place at the BCC in which people safely store their belongings) and asks for her expensive fur coat to be stored until the performance is over. The attendant of the cloakroom tells Melissa that it will cost $10 to store her coat in the cloakroom, and hands Melissa the cloakroom contract for her to sign. Before Melissa signs the contract, the attendant gives Melissa a separate piece of paper containing the terms and conditions of the cloakroom contract. Melissa replies "I don't need to read this", pays the $10 and signs the contract. Melissa is then told by the cloakroom attendant that her coat will be stored in Locker 5. After the performance, Melissa returns to the cloakroom and notices that the cloakroom has been left unattended and the key to Locker 5 is lying out, visible, on the front desk. Melissa enters the cloakroom and sees that Locker 5 is open and her fur coat is missing. The cloakroom attendant finally arrives back and apologies for his absence. He says that he was called away and must have left the key out on the desk. After a police investigation, it is determined that during his absence, a thief used the key to unlock the locker and steal Melissa's fur coat. Melissa makes a claim against the BCC. However, the BCC argues that they are not liable because of a disclaimer that is clearly visible in the document containing the terms and conditions of the cloakroom contract. The disclaimer reads: The Brisbane Convention Centre accepts no responsibility for any loss or damage to the property of any of its patrons whilst on their premises, however that loss or damage may arise. Advise Melissa as to whether BCC will be liable for the loss of her coat, or whether the BCC can rely upon the disclaimer to avoid liability. (Note: for the purpose of this exercise you may assume that a contract has been formed.) You must use the ILAC Template on Blackboard to answer this

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Auditing Cases An Active Learning Approach

Authors: Mark S. Beasley, Frank A. Buckless, Steven M. Glover, Douglas F. Prawitt

2nd Edition

0130674842, 978-0130674845

Students also viewed these Law questions