- This problem is based on exemption or exclusion clauses contracts.
- In this case it is clear that the transaction between Sauti Cleaners Ltd and Nabayi
contained an exemption clause.
- It is also apparent that by reason of her poor eye sight Nabayi did not read the notice on the wall or on the back of the ticket given by Sauti Cleaners Ltd. and hence was not
aware of the exemption clause.
- The first question for determination is whether the exemption clause was an integral part the contract between Sauti Cleaners Ltd and Nabayi. The answer to this question is in the affirmative. It therefore follows that Nabayi is bound by the clause as thecompany had done enough to bring the same to her notice. She cannot therefore sue the company for the garments. However, she contracted a skin disease by reason of the chemical used by the cleaner.
- My advise to Nabayi is that she has no claim against the company for the garment as the
company had effectively exempted itself from liability for such damage and she was
bound by the ? exemption clause.?
- This advice is consistent with the decision in L?Estrange V. Graucob (1934).
- With regard to the skin disease my advise is that she has an action against Sauti Cleaners
Ltd in damages for the suffering. This is because chemicals used by dry cleaning companies must not be harmful to the users of clothing after cleaning.
raphael answered the question on April 18, 2018 at 12:04
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