Yvonne decided to leave her bag containing a notebook computer and other personal valuables at the Western Rail cloakroom. She paid $5 and received a ticket at the counter. Above the counter was a sign that read; ” See back of ticket for conditions”
On the face of the ticket was written a number, the date, opening and closing times and the words ” See back”. On the back of the ticket were several clauses, including one that said ” Western Rail will not be responsible for any package exceeding the value of $50″. When Yvonne returned and presented her ticket, her bag could not be found. She contends that the notebook computer is valued at $2500 and the personal valuables in the bag is worth $500.
A. Would Yvonne be successful in claiming the full loss of $3000 ?
B. Would your answer be different if Western Rail had allowed a third party to
claim Yvonne’s big and contents inside without producing a ticket for it ?
C. What if there had been no sign above the counter or on the face of the ticket
that directed her attention to the conditions on the back of the ticket ?
Sample Solution
