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ACBUS201A Commercial Law - TAFE NSW
Commercial Assessment Event - Portfolio
Portfolio Activity
John is a wine merchant and recently placed some wine in a commercial storage cellar he has not used before. When he delivered the wine, he was reassured by the cellar operator that the wine would be stored in appropriate conditions and was handed a receipt, which referred to terms and conditions to be found on the standard form contract. John asked for a copy of the contract, but was told that it would be posted to him. One week later, John received the contract which included the clause:-
"The commercial storage cellars' servants or agents accept no liability for any damage or loss whatsoever which may occur to the stored wine."
Three days after the wine went into storage, the air conditioning system broke down and was not noticed by the cellar staff for five days which unhappily corresponded with a heat wave. All of John's wine was ruined. John wants to sue for his loss.
Discuss the issues raised in these circumstances. Is John likely to recover any damages?
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