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TERMS OF A CONTRACT (Express Vs Implied)

On Monday 2nd April 'Clean it Up' dry-cleaners was visited by three members of the Wicket family. Joseph Wicket took his expensive leather coat to the dry-cleaning establishment. He had not been there before. He was handed a docket, the front of which contained a number, his name, a description of the coat and a statement that the coat would be ready the following Friday.? On the reverse side of the docket were printed in small letters the following words: "Clean it Up dry-cleaners will not be liable for any loss or damage to clothing left for cleaning, howsoever such loss or damage may be caused". When Joseph went to collect the coat on the Friday he found that it had been badly torn. Julie Wicket took her green silk dress to the same dry-cleaners. She had used 'Clean it Up' on many occasions. As in the past, she was handed a docket and, as usual, she placed it in her bag without reading it. When she called to collect the dress she found that it was missing. One of the assistants recalled handing the dress to a customer who had apparently lost her docket but who was able to identify the dress when allowed to look through the rack. When Julie demanded compensation she was referred to the clause on the back of the docket (see above). Jeremiah Wicket, a young law student, also called-in at 'Clean it Up' dry-cleaners. Like his mother, he had also been there on a number of occasions. When he was given his docket he asked about the meaning of the clause on the back and was told that it was to protect the cleaners from liability for damage to buttons and zips. Unfortunately the expensive trousers he had taken to be dry-cleaned came back with a large stain on the back. 'Clean it Up' dry-cleaners have denied all liability in relation to each of the above matters. The Wickets now seek your advice. They all wish to sue. Advise each of the potential plaintiffs.


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I am a practicing lawyer but I also used to be a law professor.  This looks like an exam.  You wouldn't be putting your homework (a take home maybe?) up on here so someone could help you answer it ...would you?

Posted 2009-07-06T09:39:39Z

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