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Unformatted text preview: rtunately, Liew Lian has just been informed by Banana Bank that the safe deposit
box hired by her has, together with all its contents, been accidentally destroyed. The
blunder is caused by the Bank’s inadvertence in sending the wrong boxes to the
scrapyard for destruction. Liew Lian is distraught upon hearing the news. She
immediately cancels the 24th birthday bash that she has been planning for Cherry in the
following month so as to concentrate on “strategising” her legal action against Banana
(a) Advise Liew Lian whether she can claim against Banana Bank for breach of
contract and what remedies she is entitled to, if any.
(25%) (b) Would your answer to (a) be different if the following clause also appeared on
the back of the application form signed by Liew Lian as part of Banana Bank’s
terms and conditions with respect to the safe deposit services?
“EXEMPTION AND EXCLUSION OF LIABILITIES
The Bank shall not be responsible to the Hirer for any loss or damage in respect of the
contents of the Box howsoever caused or arising.” (15%) Part 2
One day before the disaster at Banana Bank, Liew Lian enters into a contract with
Rambo Tan to purchase a 3-karat black diamond. Under the agreement, it is also agreed
that Rambo would create a design for a pair of earrings that matches the black diamond
necklace kept in the safe deposit box, and will cut and set the 3-karat black diamond in
accordance with the said...
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This document was uploaded on 04/07/2014.
- Spring '14