URGENT!!!!!! exemption clause assignment?

Bridget sent her favourite Gucci red leather jacket to Launder-to-us Pte. Ltd. (“Launder”), her neighbourhood laundry service, for dry cleaning, which she had been using from time to time for the past 5 years.

On the wall of Launder against, the price list, was a sign stating:

We will not be responsible for any personal loss or injury arising from our dry cleaning services.

In the case of loss or damage to articles whilst in the hands of ourselves, whether by reason of negligence or otherwise, compensation shall be limited S.00.

Bridget completed her personal details on the “Receipt” whilst the counter staff checked her jacket. The Receipt slip contained the following terms and conditions:

Conditions of Service

All articles received before 12.00pm will be ready after FIVE (5) working days, excluding Sundays & Public Holidays

All articles must be claimed within one month from the date of receipt.

Stains can be removed upon customer’s request and will be done at his risks with additional charges.

All ornaments and buttons, e.g. plastic, glass or metal type etc. must be removed by customer before sending for cleaning.

We will not bear the responsibility for shrinkage, colour runs, loss of any items left in the pockets or any part of the garment.

In the case of loss by fire or any other loss or damage to articles whilst in the hands of ourselves for which we may accept liability, compensation shall be limited to one half of the cost of the articles. Such loss shall be deemed not to exceed S.00 in any one order unless at the time of depositing the articles with ourselves, the value of the articles is declared in writing.

All claims should be notified within 24 hours after receipt of articles.

And in illegible manuscript, at the end, stated that “Please see further terms in the shop.”

A week later, upon collection of jacket, Bridget noted that her leather jacket had faded to a ghastly pink. Despite the damage, Bridget wore her leather jacket on her recent trip to London but developed a rash.

Bridget’s rash turned out to be a severe allergic reaction to the chemicals used to clean her leather jacket. Launder had negligently used toxic chemicals to clean the leather jacket. Bridget was hospitalised and placed in the intensive care unit for 3 months before passing away.

Advise Bridget’s family.
completing details on the "receipt" can be regarded as signing a contract?

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One Response to “URGENT!!!!!! exemption clause assignment?”

  1. Bob Says:

    This isn’t legal advice. I’m assuming it’s a question about a law class question.
    Sounds like a CONTRACTS/PRODUCT LIABILITY question.
    I’m not going to answer it for you because I don’t know what kind of jurisdictional stuff you’re dealing with but:
    1) Bridget never notified the cleaners of the jacket defect. I don’t think her family can recover for that. If she could, the ability to contract away negligence liability comes into question. I believe that can be done.
    2) Product defects: Does strict liability apply in your jurisdiction? Did the cleaner act in accordance with standard industry practices?
    5) Foreseeability: Was Bridget’s death a foreseeable result of the cleaner’s actions?
    4) Wrongful death. If this was contracted away (I doubt it was): was it conscionable?
    5) Adhesion contracts. Also, is it reasonable to expect customers to read the sign on the wall and, therefore, was she on notice of the policy and did she actually and willingly agree to it? Was there consideration (bargained for exchange)?

    AVOID: Anything related to battery, assault, murder, theft/conversion, etc. That stuff does NOT apply. Unless the negligence reached the criminal level (which I can’t see how it would), criminal laws will NOT apply.

    Good luck with your question. Hope this provided a useful direction for you. Double check everything.