Question 2 - Contract Law (worth 20% of your overall grade)

HARRY POTTER CONVENTION

A lot of the outfits at the convention will be valuable, and a cloak room has been set up for people to check in their extra belongings.Cedric is running the cloakroom.

Cedric is instructed that when a person hands over a piece of clothing, he is to give them a ticket which has a number on the front and states on the reverse side:

"We do not take any responsibility or liability for clothing checked in to our cloakroom."

Luna has made herself a magical Harry Potter outfit that includes a long jewel encrusted silk cloak. She decides to check it in at the cloakroom because she has been tripping over it since she arrived.She hands her cloak to Cedric and receives her ticket with the disclaimer on the back.

When she goes back at midnight to collect it, it is no longer there.Cedric has got confused when handing back similar clothing, and has incorrectly given it to a different person whom he cannot remember.Luna wants the Convention to pay for the replacement of her cloak which cost her $300.00.

Using relevant legal principles of contract law, discuss whether:

(a) the contract between Luna and the Convention includes an exclusion clause; and

(b) assuming the exclusion clause was part of the contract, would it also cover the incident?