Question
Recreation Bikes (RB) is a business that operates a bicycle rental shop at East Coast Park. There is a notice board (measuring about 1 metre
Recreation Bikes ("RB") is a business that operates a bicycle rental shop at East Coast Park. There is a notice board (measuring about 1 metre by 1 metre, with an obvious font in bold letters) placed next to the cashier which states as follows: "1. The management of Recreation Bikes aims to bring you good quality bicycles at a low rental price. 2. While we have done our best to ensure our bicycles are well-maintained, we will not be responsible for any injury, property damage or other losses that arise in connection with the rental of our bicycles." Tom rented a bicycle from RB, and while he did see the notice board before he made payment, he did not carefully read the words on it as he does not like reading detailed legal terms. Unfortunately, after Tom had cycled for 30 minutes, the bicycle malfunctioned due to a faulty part that was not fixed as a result of the negligence of RB's maintenance staff. Tom was thrown off the bicycle, and he fractured his ankle. His mobile phone also slipped out of his pocket and the screen cracked. Identify the exemption clause in this scenario and apply the legal rules under the four (4) points relating to the enforceability of an exemption clause to analyse whether the exemption clause is valid and enforceable against Tom in relation to (i) his ankle injury, and (ii) the damage to his mobile phone.
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