Assignment Detail:- ACBUS201A Commercial Law - TAFE NSW
Commercial Assessment Event - Portfolio
Portfolio Activity
John is a wine merchant and recently placed some wine in a commercial storage cellar he has not used before- When he delivered the wine, he was reassured by the cellar operator that the wine would be stored in appropriate conditions and was handed a receipt, which referred to terms and conditions to be found on the standard form contract- John asked for a copy of the contract, but was told that it would be posted to him- One week later, John received the contract which included the clause:-
"The commercial storage cellars' servants or agents accept no liability for any damage or loss whatsoever which may occur to the stored wine-"
Three days after the wine went into storage, the air conditioning system broke down and was not noticed by the cellar staff for five days which unhappily corresponded with a heat wave- All of John's wine was ruined- John wants to sue for his loss-
Discuss the issues raised in these circumstances- Is John likely to recover any damages????
Use Harvard AGPS references
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