Question Three: Contract Law-

Donna had just finished watching a movie at her local shopping centre. She went back to the car park to collect her car which she had left at a car wash service located at the car park. As she was inspecting the car, she noticed there was a dent on the boot of her car which had not been there before.

She immediately called the car wash attendant and showed him the dent. The attendant replied:

"Sorry lady - you give your car at your own risk."

He pointed to some wording at the bottom of her car wash receipt which stated that:

"The car wash is not responsible for any loss, damage or theft of your vehicle howsoever caused while in our custody."

At this point, Donna remembered that she had signed the receipt (as requested by the car wash) when she left the car at the car wash before heading for her movie. She also remembered having read the above wording on the receipt and having not understood it, she had asked the attendant if any type of damage to the car was covered, to which he had replied, "Damage caused by scratching through use of our cleaning products is excluded."

(a)Advise Donna as to whether she may claim against the car wash for the dent caused to the boot of her car.

(b)Would your answer be different if Donna had not signed the receipt?