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Question 2 (15 marks) Scofield decides to book a room for the night in Suredie Hotel. He is told by the manager of the hotel
Question 2 (15 marks) Scofield decides to book a room for the night in Suredie Hotel. He is told by the manager of the hotel that since he is staying for one night and leaving early the following morning he should pay in advance for the room. Scofield is agreeable to this and pays in advance for the room. Later he is shown to the room which is on the fourth floor. As Scofield is closing the door, he notices a sign on the back of the door which states: "The management will not accept any responsibility for any damage or loss for items stolen from these premises. All Guests are advised to deposit their valuables with the manager of the hotel who will deposit them in the hotel safe until requested by the guest." Scofield is wearing a gold Patek Philippe watch valued at $100,000 and a 2-carat diamond wedding ring. He places both items on the side table next to his bed. As he felt hungry, Scofield decides to go to the hotel coffee lounge for a quick supper. He forgets to put his watch and ring back on and goes out of his room locking the door behind him. Whilst waiting for the elevator, Scofield realises that he has forgotten to bring his watch and ring. However, he decides that he is only going to be away for a short while that there is nothing to worry about. When he comes back after his meal Scofield realises that his watch and ring are missing. He calls the manager to inform him of the loss and after a thorough search both items are not found. a) Briefly explain with relevant case laws on how an exemption clause can be made valid in a contract. (5 marks) b) In the above situation advise Scofield whether he will be able to bring a successful legal claim against the Suredie Hotel for his loss. Give reasons for your answer. (10 marks)
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