The Empire Theatre Co. operated a movie theatre and a free parking lot which was adjacent to the theatre building. The lot had posted a prominent "FREE PARKING" sign as well as another much smaller sign which disclaimed the lot's liability for loss or damage. Scarlett parked her car in the theatre's lot while she attended the theatre to see her favourite classic film, "Gone With The Wind." While in the theatre, Scarlett's car was stolen. It was subsequently recovered, although some damage had resulted, and the car needed repairs. Scarlett brought an action against the Empire Theatre for recovery of damages with respect to the car. What arguments might the parties raise in this case?

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The Answer of The Empire Theatre Co. operated a movie theatre and a free parking lot which was adjacent to the theatre building. The lot had posted a prominent "FREE PARKING" sign as well as another much smaller sign which disclaimed the lot's liability for loss or damage. Scarlett parked her car in the theatre's lot while she attended the theatre to see her favourite classic film, "Gone With The Wind." While in the theatre, Scarlett's car was stolen. It was subsequently recovered, although some damage had resulted, and the car needed repairs. Scarlett brought an action against the Empire Theatre for recovery of damages with respect to the car. What arguments might the parties raise in this case?