Tori took her best dress to the dry cleaners because it was badly stained at a recent party. She was asked to sign a small document which looked a bit like a receipt but was headed Agreement and contained the following clause,

We will not be responsible for any loss or damage of whatever nature or howsoever caused.

Tori's dress is damaged beyond repair and she demands compensation from the dry cleaner's owner who flatly refuses and draws her attention to the above clause in the agreement.Tori hadn't actually read the wording before she signed because it never occurred to her that anyone could avoid their obligations in this manner.

a)What is the issue you need to consider? (1mark)

b)What are the relevant legal rules relating to this problem? (1 mark)

c)What are the main cases related to this problem?(1 mark)

d)Based on this information, if Tori sued the dry cleaners for the destruction of her dress would she win in court? What is your answer - yes? or no?Explain your answer.(2 marks)