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Penny goes to have beach and hires a deckchair form Sunshine LTD. For the day. She has occasionally hired deckchairs from them in the past. She is given a receipt which she stuffs in her pocket without reading. On the back of the receipt in small letters is an exclusion clause excluding Sunshine Ltd 'for any damage or loss to property or person howsoever caused' just before Penny sits down, she notices a new sign that states in large letters, 'Customers use deckchairs at their own risk'.
Penny sits down on the deckchair and it collapses and as a result she breaks her arm and rips her new designer dress. The deckchair has been negligently assembled by an employee of Sunshine Ltd.
Explain to penny the law relating to exemption clauses in contracts. Discuss if Sunshine Ltd can rely on their exemption clause.
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