Assignment title: Information


Chris, who ran a clothing hire business took a dinner jacket and an expensive green silk dress which were part of the stock of his business to the Quika'n Beta dry-cleaners, a firm he had used whenever his business had dry-cleaning to be done. As in the past, he was handed a docket and, as usual, he placed it in his wallet without reading it. When he called to collect the clothing he found that the dinner jacket was missing and that the dress was badly stained. One of the shop assistants recalled handing the dinner jacket to a customer who had apparently lost his docket but who was able to identify the jacket when allowed to sort through the rack. No explanation was forthcoming about the stain. When Chris demanded compensation, he was referred to a clause on the docket which read: "We will not be liable for any loss of or damage to clothing left for cleaning howsoever such loss or damage may be caused". The manager also pointed out that the same words were printed on a large sign at the back of the shop. The sign had obviously been there for some time. Chris protested that he had never read either the docket or the sign. He wants to sue. Advise him of his rights at common law. Part BWould your answer be different if Chris had noticed the clause when dropping off the clothes for cleaning, had asked what it meant and had been told that it excluded the dry-cleaners' liability for damage to buttons and zips and for tears to the fabric?