Facts

• The Plaintiff dropped off their clothing at a drycleaner
• They received a ticket to pick up the items
• The drycleaner damaged the clothing
• The Plaintiff tried to sue the drycleaner, but they relied on the fact that the ticket stated that they accepted no liability

Issue

• Was the exclusion of liability a condition?

Held

• A reasonable person would have thought that the ticket was just a receipt, not a contract with conditions.
• There had been no notice of the fact that the drycleaner would not accept liability for negligence, and therefore it was not enforceable.
• Therefore the drycleaner was liable for negligence.

-- Download Causer v Brown [1952] VLR 1 as PDF --

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