On 19 September 2020, Kim and Shaun go for coffee at Bean There Caf. After a lovely conversation and warm cup of coffee, Kim leaves to attend to a personal matter. Shaun wants to pay for the coffee using his credit card but notices that his credit card is not in his wallet nor in his pocket. Deciding that he must have left his credit card at home, Shaun pays for the coffee with cash.

Jackson is a waiter at the caf. He had picked up Shaun's Young Money Bank credit card when Shaun dropped it exiting the men's room. On 21 September 2020, Shaun informs Young Money Bank that he had lost the credit card. The bank follows the necessary procedures and blocks the credit card. Shaun receives a new card on the very same day (21 September 2020).

When Shaun receives his statement at the end of September 2020, he is shocked to discover that on 19 September 2020, his card had purchased goods at H&M, a popular clothing store, to the total value of R202.80. Shaun believes that he should not have to pay this amount to the bank because he did not make the purchases. Upon querying the matter with his bank, Shaun is informed that he is indeed liable for the total outstanding amount. The bank explains that the purchases were made using the Tap and Go functionality that Shaun had agreed to activate (this function does not require the entering of a PIN to make transactions). The bank also refers Shaun to Clause 2 of their agreement which states that:

"the cardholder is liable for purchases made using the card, irrespective of who used the card."

Upon investigation, it came to light that Jackson, the waiter had in fact signed the H&M purchase slip when he made a purchase to the value of R202.80. Further evidence also showed that the clothing store had four cameras which shows Jackson using the Young Money credit card on 19 September 2020.

3.1 Is Clause 2 valid? Briefly discuss.(4)