Joan Lane took her white satin wedding dress, trimmed with beads and sequins, to a dry cleaner. When Joan questioned why she had to sign a receipt, the clerk told her that this form exempted the cleaner from liability for damage to the beads and sequins. In fact, the clause read: "The company is not responsible for any damage, however caused." When Joan picked up the dress, the beads and sequins were fine, but there was a large stain on the satin. Joan sues. Can the cleaner rely on this exemption clause?
A) Yes. Even interpreting it strictly against the cleaner, "any damage" includes damage to the satin.
B) No. The clerk made a misrepresentation as to the effect of the clause.
C) No. There has been a fundamental breach of this contract by the cleaner.
D) Yes. The clerk specifically brought the clause to Joan's attention before she signed.
E) Both B and C
Correct Answer:
Verified
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