Question
Rachel placed three fur coats values at $19,000, $14,000 and $11,000 in storage with Premium Furriers immediately prior to her sixth month sojourn to the
Rachel placed three fur coats values at $19,000, $14,000 and $11,000 in storage with Premium Furriers immediately prior to her sixth month sojourn to the Cayman Islands. Upon her return, Rachel was informed by Premium Furriers that a former employee had stolen two of Rachel's furs and the third was destroyed in a flood.
a. Rachel decides to sue Premium Furriers. Specifically which court will hear the action? Explain. (2 marks)
b. In the subsequent legal action, Premium Furriers points to the fine print in Rachel's contract, which states: "Premium Furriers is not responsible for any damage or loss while the furs are in its possession, regardless of cause." How can Rachel argue that this clause is not enforceable? (4 marks)
c. If Rachel is successful, what damages is she likely to be awarded? (4 marks)
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