To: Junior Associate

From: [email protected]

Subject: Client: Adonis Georgiadis

Hi Junior Associate,

I’ve just been on the phone to a new client. His name is Adonis Georgiadis. He wants to come and see a lawyer for legal advice. I’ve made an appointment for tomorrow but prior to that I need you to do some research on the matter for me.

Here are some notes I managed to take down on my telephone conference call with Adonis this morning:

Adonis is the new owner of a Melbourne based Greek restaurant called ‘Georgie’s Greek Cuisine.’ He is seeking advice in regard to a batch of ruined linen that he had sent for cleaning at Dry Co Pty Ltd (a dry-cleaning service).

Adonis explained that he needed to establish a contractual relationship with a reputable dry-cleaning service to clean his tablecloths for the newly established restaurant business. He said that his wife, mother in law, and mother had all been busy washing the linen over the last few months and he felt it was time to engage in a service to do this as the demand was too much for his family.

Dry Co Dry Cleaners Pty Ltd are a reputable dry cleaning service according to google reviews and after speaking with them and establishing that the company could take on this regular work, he delivered 100 white linen cloths to Dry Co Pty Ltd to be cleaned.

He said that when he went to collect the cloths last week, 50 of them had orange marks, in the shape of dots, all over them. Adonis believes that the marks look like rust spots. He says that they are stained and completely ruined. What is worse is that 20 of the clothes could not be found at all by Dry Co Pty Ltd. He says that from 100 cloths, he now only has 30 which can be used in his restaurant. He said that he had to go out and purchase another 70 tablecloths in order for the restaurant to run efficiently over the next few weeks which has now set him back $3500.00.

Adonis said that he was furious that not only had Dry Co ruined his tablecloths, but they also were so careless that they lost some of them. He said he demanded that they pay him the cost of the 70 new tablecloths that he had to purchase but they completely refused. Adonis said that he asked to speak to the manager who smugly showed him the back of the dry-cleaning receipt that he was given after he dropped the tablecloths off to Dry Co and said “It’s not our fault. Have a look at the back of your receipt.”

Adonis has given us a copy of the receipt which states:

“Dry Co Pty Ltd will not be liable for any loss or damage for any articles which have been left for cleaning, whether by the negligence of its servants or agents of the company or otherwise.”

Adonis said that the manager also pointed to a sign within the shop, that is visible as customers enter the dry-cleaning store. The sign is in bold capital letters. Adonis has taken a picture of the sign on his phone and has shown it to me. The says:

“LEAVE YOUR ARTICLES HERE AT YOUR OWN RISK – PLEASE MAKE SURE YOU TAKE YOUR RECEIPT”

Adonis is coming in for an appointment tomorrow, so I need you to draft a memo of advice.

Adonis is eager to know whether it would be worth his time and money to commence litigation. In your memo of advice, could you therefore please address the following:

1. Critically discuss Adonis’ rights under contract law and consider whether he might be able to recover his losses. I will need to know all relevant case law and legislation so please refer to this in your argument.

1. If we proceed with litigation, critically explore whether we should consider a legal claim under The Australian Consumer Law in relation to Adonis’ ruined and lost tablecloths?