Paul took his expensive dinner jacket to Quickan Beta dry-cleaners, a firm his family used whenever it had cleaning to be done. As in the past, he was handed a docket. The docket contains the standard terms of the dry-cleaning services. When Paul called to collect the dinner jacket, he found it badly stained due to the negligence of one of the shop assistants. Paul demanded compensation from Quickan Beta dry-cleaners for the damage to his jacket.

Advise Paul, with reference to relevant case law (do not discuss statutory or tortious liability):

(a) whether he can sue Quickan Beta dry-cleaners for breach of contract? The contract does not mention anything about liability for any loss of or damage to clothing left for cleaning.

(b) At the back of the docket, there is a clause in fine print which reads We will not be liable for any loss of or damage to clothing left for cleaning howsoever such loss or damage may be caused. But as usual, Paul did not read it. If Paul is able to prove that Quickan Beta dry- cleaners is in breach of contract, will the clause prevent him from successfully suing Quickan Beta dry-cleaners.

Would your answer be different if the same words were printed on a large sign in front of the Quickan Beta dry-cleaners shop.