Question
Sam took his suit to Quick Klean Drycleaners Pty Ltd. This was the first time he had been to this dry cleaner. After giving his
Sam took his suit to Quick Klean Drycleaners Pty Ltd. This was the first time he had been to this dry cleaner. After giving his suit to the assistant behind the counter and paying for the drycleaning, he was given a receipt with a number on it. The assistant told Sam that he needed to bring the receipt with him when he came to collect his suit. She also told him that the dry cleaner ‘would take all care but accept no responsibility during cleaning’.
She pointed out that a similar clause appeared on the back of the ticket. It read: ‘Quick Klean Drycleaners 19Pty Ltd will take all care but accept no responsibility for effective removal of all stains during cleaning. When Sam came back to collect his suit he found a tear in the right sleeve. When he brought this to the attention of the shop assistant, she reminded him that she had previously advised him that all care would be taken, but that Quick Klean didn’t accept responsibility for items left for dry cleaning. Advise Sam.
Your answer must be supported by relevant law and cases decided by Australian courts (preferably the High Court) and/or scholarly articles.
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