Identify any applicable issues e.g. incorporation of terms

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Reference no: EM133450857

Case Study: Jerome has a new novel business which he calls Uber Cleaning. His new business involves collecting dry cleaning e.g. suits and shirts from a residential address, taking them back to his house, cleaning them and then returning them to the owner.
He is a bit concerned about being held responsible if there is any damage done to the clothing. He consulted his friend who is a first-year contract law student who suggested that he write on his receipt he provides when he collects the clothing words to the effect that "... thanks for your business I confirm that I am not responsible should I return items that have any stains or damage".
Susie spots his advertisement on Facebook realises he is quite local and engages him on his UBER APP. Jerome collected her wedding dress for cleaning. She stresses the importance of it being returned before the wedding day and he takes it away cleans it. Unfortunately, he has the settings on the iron too high and returns it with a small burn mark.
He hands her the dress and gives her receipt for payment. Susie only later notices the burn mark and texts him to say that he has damaged her dress and that he should compensate her. Jerome texts back saying "...have a look at the receipt it says I'm not responsible"

Required: applied the IRAC method to answer the question and give detailed references.
Susie now seeks your advice
In providing advice, you must address the following particulars:
1. Identify any applicable issues e.g. Incorporation of terms.
2. State both the relevant common law and statutory law in relation to issues identified including citation of at least one (1) relevant case and explain which provision of the Australian Consumer Law would apply . Students are also expected to apply the relevant case(s) to the factual situation in the given scenario and then reach a conclusion (and state that conclusion clearly and concisely).
3. What remedy/remedies, if applicable, are available to either party? Where applicable, summarise how the remedy/remedies would be applied with reference to applicable common law and statutory principles.

 

Reference no: EM133450857

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