Question
roblem Questions Construction, Exclusion clauses, Implied Terms 1. Nikolai had parked his car at a parking garage operated by ODIN International. He has parked in
roblem Questions Construction, Exclusion clauses, Implied Terms
1.
Nikolai had parked his car at a parking garage operated by ODIN
International. He has parked in this garage regularly for the past 3 months.
The garage has a large sign at the entrance, stating "Parking at Owner's Risk".
Upon entry into the garage, Nikolai received a ticket with the following
conditions printed on the front:
PARKING CONDITIONS
i.
ODIN does not accept any responsibility for the loss of or damage to any
vehicle or for loss or damage to any article or thing in or upon any vehicle or
for any injury to any person, however such loss, damage or injury may arise
or be caused.
ii.
...
iii. ...
iv.
This ticket must be presented for time stamping and payment before taking
delivery of the vehicle.
Barry broke into Nikolai's car and drove up to the exit. He managed to
convince the operator Cheryl that he had lost his ticket, and was permitted to
drive away in Nikolai's car without handing in a ticket. Nikolai is demanding
that ODIN compensate him for the theft of his car. Advise ODIN on their
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