Quebec Canada

(20 points) 7) Tina is a champion badminton player, and is to compete in the forthcoming world badminton championships representing Australia. She decides to update all of her badminton equipment, including her racquets. She purchases four new badminton racquets without strings, and takes them to an expert in badminton racquets in Melbourne to have the racquets strung at the correct ' tension. When she enters the expert's shop, she does not notice a sign which is placed on the wall behind the counter which says, in medium-sized print: Whilst all possible care is taken with stringing and restringing work entrusted to us we cannot accept responsibility for any defective work or defective products used by us, and we will not be liable for any loss or losses to customers, even if demonstrably caused by negligent workmanshir on our part". Tina could not have read the notice, even if she had seen it, since she wears contact lenses which she did not have with her at the time. She left her racquet for restringing and was given a docket she placed in her purse, assuming that it identified her racquets so that she could collect the right racquets on her return. The same words which appeared on the notice behind the counter were also printed on the docked in very fine, but legible, print on the bottom of the docket. A few days later, Tina collected her racquets which appeared to be correctly strung, paid the co restringing, packed the racquets with her other gear and left for the world championships overseas. Whilst competing in the first round of competition, the strings in Tina's racquet broke. She selected two replacement racquets in turn and the strings also broke. She was eliminated form the first round of the championships. Valuable endorsements totalling $20,000 which Tina would have received if she had played in the finals were thus lost and all observers agreed that Tina's poor performance was direcil. attributable to her faulty racquets, which had been strung with defective material. Subsequent testing of he strings showed that they were suitable for squash racquets, but not for badminton racquets, and they hould never have been used by the person stringing the racquets for Tina. ina seeks your advice. Can she successfully sue the racquet stringer for the $20,000 which she has learly lost as a result of his faulty work? Advise Tina