Question
Topic : Exemption clauses Andy went swimming at Tropicana Country Club pools. Outside the pools where Andy pays an admission fee, there is a large
Topic : Exemption clauses
Andy went swimming at Tropicana Country Club pools. Outside the pools where Andy pays an admission fee, there is a large notice excluding the liability of the management of the pools from any 'theft, or damage to any property belonging to patrons'. Andy does not read the notice. Andy gets a ticket to place his valuables in a locker, the ticket contains some words which Andy sees but does not read. The ticket states 'leave all valuables, at locker, at your own risk'. Andy goes to the changing room and leaves his wallet and handphone in a locker. When Andy comes back from swimming, he finds his wallet and handphone missing. Advise Andy whether he can sue Tropicana County Club.
Please answer using IRAC method and the three step approach (Is the exemption clause a term of the contract?, Does the clause cover the damage, Is the exemption clause unfair) under exemption clauses.
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