Subject: Contract Law II in Malaysia

Subtopic: Exclusion Clause (*ILAC - short explanation accepted, cite relevant case*)

Question: Heather owns a bakery business. She sells an assortment of cakes, biscuits and pastries. Recently, Laila purchased two dozens of biscuits and a cake from Heather's bakery. Laila shared them with her friends. Tragically, Laila's dog died after being fed the biscuits. An autopsy conducted on the dog revealed that there was a deadly poison present in the biscuits. Laila decides to sue Heather's bakery for negligence, but there is a clause in the sales receipt which states that: "notwithstanding anything to the contrary, in no evene will the measure of damages payable by the seller for any loss or damage incurred nor will the seller be liable for any death of personal injury or any indirect, incidental consequential exemplary punitive or special damages expressly claimed."

Advise Laila as to the possibility for her to succeed in the claim.