Question
Peter joined Prestige Gyms Club. When he attended a fitness session, one of the coaches trod on Peter's bag (even though it was placed in
Peter joined Prestige Gyms Club. When he attended a fitness session, one of the coaches trod on Peter's bag (even though it was placed in the right area) and broke his best tennis racket, which cost him $650. Peter spoke to the club's manager and said the club should compensate him for the racket, but Joel, the manager, showed him a sign behind reception that said: "PRESTIGE GYMS CANNOT BE HELD LIABLE FOR ANY DAMAGE TO USERS' PROPERTY WHILE ON THESE PREMISES." When Peter had previously signed the agreement with Prestige Gyms, there was no mention of this clause.
Will the Prestige Gyms be able to rely on the sign to prevent Peter from suing them for compensation under common law? Why/Why not? (Do NOT discuss the ACL.)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started