Causer v Brown [1952] VLR 1

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  • 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
  • Was the exclusion of liability a condition?
  • 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.

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