- 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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