Sandy borrowed out an electric scooter from Jim’s Scooters, a self-serviced operation, for the first time. The scooters

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answerhappygod
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Sandy borrowed out an electric scooter from Jim’s Scooters, a self-serviced operation, for the first time. The scooters

Post by answerhappygod »

Sandy borrowed out an electric scooter from Jim’s Scooters, a
self-serviced operation, for the first time. The scooters can be
found at various stations around town and are locked in charging
stations whilst they are not in use. There was a sign on a pillar
next to the scooters that listed the various charges and
conditions. It also stated that users needed to download their app
to use a scooter and included a QR code for quick reference. Once
she found a scooter she wanted to use, Sandy was issued with a
ticket through the associated app.
Sandy was injured later when she returned the scooter into the
locking mechanism. Sandy claimed damages from Jim’s Scooters. The
company attempted to rely on a condition exempting it from
liability. On each ticket, in small print, were the words ‘Issued
subject to conditions . . . displayed at the scooter station’. On
the pillar next to the scooters were printed eight conditions, the
second of which exempted Jim’s Scooters from liability for any
injury to a customer whilst parking the scooter.
Required:
Could Jim’s Scooters successfully rely on the exemption clause
to protect it from any action by Sandy?
(Note: The IRAC method may be helpful in answering this
question)
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