Reference no: EM133659246

Susan owns a beauty business entitled Susan's Silver Scissors and Beauty. Susan leases the premises upon which the beauty business is situated from Patrick, the landlord, in the amount of $1500 a week. When the original term of the lease ends Susan, in a hurry one afternoon, goes to see Patrick to execute a new lease document. Under the terms and conditions of their new lease it includes Clause 2.1 that states "the rental amount may be increased without notice by the landlord at any time during the 12-month period following the exercise of an option to extend the lease". On the afternoon that Susan signs the lease she was in too much of a hurry to read the details and ask is this the same lease as we had before? Patrick answers "basically, there's a few changes with respect to the way rental increases occur". Well, "that's great" says Susan and signs the document without reading it and leaves in a hurry.

One of the services Susan offers customers is waxing. Jenny comes into Susan's shop and asks if she can do facial hair to which Susan replies yes certainly. Jenny tells her that it's very important that the wax is not too hot as she has a particular skin condition that is very sensitive to chemicals or heat and other materials also Susan assures her that this would be OK and there's no problem. The following week Jenny comes in 2 have her waxing done but Susan is out for lunch. Instead, Selena, Susan's casual employee, takes Jenny in to do the waxing. Unfortunately, Selena allows the wax to be overheated and when she applies it Jenny screams and pulls away violently. Selena immediately removes the waxing rod and Jenny jumps out of the chair and runs out of the shop crying. Selena doesn't know what to do so she puts the waxing equipment away and, being too traumatised from the experience, leaves the shop and looks for work elsewhere without telling anyone about the incident.

Two weeks later Susan receives a solicitor's letter from Wolfram and Hart solicitors, claiming a personal injury suit on behalf of Jenny which includes images that show a severe burn and discoloration on Jenny's top lip and face. Susan writes back to them saying that she knows nothing about it, and that there must be some mistake. Later in the same week, Susan receives a letter from the landlord's solicitor Hamlin & McGill saying that due to the increases in interest rates Patrick is forced to put the rent up to $2500 a week effective after 30 business days. Susan comes to you desperately seeking advice and tells you that she cannot afford to have these problems, and that it will send her broke. Additionally, she tells you that there is a sign in the waiting room that says "no responsibility taken for anything arising from the performance of beauty therapies". She asks you for legal advice.

Advise Susan whether the warning in the shop is valid

Advise Susan whether she has any liability.