ISSUE:

- Can Bronwyn collect damages on her lost and damage goods?

- Is the term in the receipt valid?
- Can Purdy enforce the receipt to Bronwyn?

RULE:

A legal contract is an agreement between two parties that creates mutual, legally enforceable
obligations. Seven essential elements must be present before a contract is binding: the offer,
acceptance, mutual assent (also known as "meeting of the minds"), consideration, capacity, and
legality. Contracts are typically in writing and signed to prove all of those elements are present.

The "offer" is the promise one party makes to pay the other for their services

"Acceptance" is when the other party agrees to perform the task for the compensation specified in
the contract

"Mutual assent" is the combination of a valid offer and acceptance between the parties

"Consideration" is what is paid in exchange for goods or services. Consideration is usually but not
always money.

In contract law, "capacity" is the presumed ability of a person to understand the terms, obligations,
and consequences of signing a contract

RECEIPT, contracts. A receipt is an acknowledgment in writing that the party giving the same has
received from the person therein named, the money or other thing therein specified. Although
expressed to be in full of all demands, it is only prima facie evidence of what it purports to be and
upon satisfactory proof being made that it was obtained by fraud, or given either under a mistake of
facts or an ignorance of law, it may be inquired into and corrected in a court of law as well as in
equity. A receipt in full, given with a full knowledge of all the circumstances and in the absence of
fraud, seems to be conclusive.

A receipt sometimes contains an acknowledgment of having received a thing, and also an agreement
to do another. It is only prima facie evidence as far as the receipt goes, but it cannot be contradicted
by parol evidence in any part by which the party engages to perform a contract.

ANALYSIS: Purdy owns and operates a storage facility in Sydney. Bronwyn, who is about to list her
house for sale, needed to declutter and store some furniture, books, and ornaments. Bronwyn took
the items to Purdy's storage facility. Purdy and Bronwyn discussed a price for temporary storage.
Purdy produced a document titled 'Storage Receipt' and said that Bronwyn would need to sign it if
she wanted to use the facility. Bronwyn was in such a rush that she signed the document without
reading it as soon as they agreed on price. Sydney experienced several days of severe storms and the
facility was flooded. Bronwyn heard on the news that the area had been flooded and went to check
her goods. She discovered that the books and lounges had been totally ruined by the flood and that
two boxes of ornaments were missing. Now, Bronwyn would like to claim for damages to Rudy about
her damage and loss goods, but Rudy enforced the written agreement with them two, which is the
storage receipt, this document not only is a proof of payment but it also includes all terms and
condition about the storage facility. It is clearly stated in the receipt, that Bronwyn signed, that the
facility is not responsible to any loss or damage on the goods being stored, with this, it is clearly
Bronwyn's negligence for not checking the receipt before signing it, since her sign, signifies that she
gave a full consent and have full understanding about the terms and condition of the service
provided. her sign, was not also forced, she sign it on her own will. Also, the damages on her goods,
was not cause by the operator but by the flood, a fortuitous event that no one can foresee. On the
other hand, The facility committed a negligence by issuing some of her things to another client, this
is in fact and clearly a fault on the operator's part.

CONCLUSION: Any agreement can be deemed valid and enforceable when these are present: the
offer, acceptance, mutual assent (also known as "meeting of the minds"), consideration, capacity,
and legality. Clearly all of the stated requisites were present in the case given. Therefor the
agreement between Rudy and Bronwyn is valid and enforceable. Due to the flood, Bronwyn's good
has been damage, and accdg to the signed storage receipt that she signed that any loss and damages
will not held the facility liable. therefor this claim cannot be enforced by Bronwyn, since Rudy can
enforced the signed receipt to Bronwyn. However, the loss goods due to negligence of the operator,
without any clause determined in the terms of the conditions, held the facility liable, therefor
Bronwyn can claim damages for this, she can either enforce Rudy to get her things back or just claim
for damages, either way, Rudy and the facility is liable to Bronwyn.

The storage receipt is a simple stipulation of the conditions that comply with Purdy and Bronwyn's
agreement. The storage receipt's guiding terms specify the critical elements that must apply jointly.
The continuity guides different facets of life and the essence of which the arrangement comes to
being. When any party fails to fulfill the requisite commitments successfully, the contract fails, and
one of the parties can suffer financial damages as a result. Such instances' profitability induces
discrepancies in meeting one of the criteria, either from the receiving or giving end.

The unnoticed uncertainties associated with the deal are uncommon in accepting the service or
committing to materials delivery. There may be documents demonstrating the convergence of
inevitable risks, but this does not exclude either party from requesting a contingency plan to cope
with the circumstance. Because of a lack of experience in resolving the problem and therefore
inadequate time control, the parties' degree of commitment outweighs the resolution to recover the
missing items. There is no flexibility or streamlined measure to help with storage receipt
maintenance. As a result, there is a lack of transparency in ensuring that all sides are pleased.

The absence or loss of protection distorts the pivotal task in delivering and ensuring that each party
remains safe in the other's arms for the storage receipt allows the parties to be secure and own that
assurance in knowing that the terms of the arrangement are secured.

Advise

The First- and Third-Party Aspects of Purdy's Legal Liability Insurance

Purdy's Legal Liability policy's primary goal is to compensate the assured for damages awarded
against him as a result of his legal liability for loss or injury to products in stock or to offer a court
defense to any other allegation that lacks legal validity. The achievement is to notice a claim to
Bronwyn as an audit of the evidence to decide if liability exists. The investigation does not stop
there. It may provide methods for calculating the extent of damages and identifying possible
claimants, a procedure identical to the one implied by the products' first-party insurer. The intent is
clear, to plan a rebuttal to any lawsuit for excessive or exaggerated damages.
Thus, in fulfilling its responsibilities under the regulation storage receipt, Purdy's legal liability, the
carrier could defend both the assured's and its interests by a dual procedure: the inquiry of liability
and, where necessary, an impartial assessment of alleged losses.

The Onus of Proof

The level of inquiry required to ensure an excellent defense to Bronwyn's lawsuit against Purdy
could be affected by legal rules related to "Burden of Proof." The obligation to determine the validity
of an argument or defense through proof provides a more excellent perception. It is more
compelling than opposing evidence to as this word. Thus, in a disputed statement, if the
complainant bears the duty of proving Purdy's incompetence and provides data that is just equal in
weight to Purdy's adverse evidence, a condition of balance between positive and negative evidence
occurs. As a result, the claimant's suit is dismissed. If, on the other hand, Purdy requires to prove his
lack of incompetence, he must provide supporting evidence that is more convincing than the
opposition.

Concerning Purdy's responsibility, the question of who bears the presumption of evidence as to fault
or lack thereof has spawned opposing viewpoints. The Burden of Proof Rules are of significant
concern to trial counsel will instruct the jury to consider the evidence following the applicable law,
making it more difficult for one party or the other to win his case.

Theft, Burglary, and Disappearance

When Purdy cannot comply with Bronwyn's appeal for a reimbursement or an invoice for stored
goods, he becomes liable. To limit prosecution, he would pay for the products or their damage and
show that he was not at fault.

If supplies go missing and Purdy cannot say why he is liable. His responsibility to Bronwyn is to store
the items, know where they are, take reasonable precautions to avoid failure or harm, and deliver
them when necessary. When the items are missing due to burglary, Purdy is exempt from
prosecution if he can demonstrate that no-fault robbed them of his own. When the items are
missing due to burglary, Purdy is exempt from prosecution if he can prove that no fault of his own
stole them. Since this is not the case, Purdy can be prosecuted to neglect managing Bronwyn's
properties.

The Purdy is not held liable for a burglary loss but disappearing goods because it was an internal
mishap. The contingent on his demonstrating where and how the robbery occurred, he exercised
due diligence in premises security. The loss was found within a reasonable period and reported to
the police.

Conclusion

Purdy is not liable for the quantity or state of the items supposedly deposited. In those cases,
Bronwyn's responsibility is to demonstrate that any injury or harm to the product is caused by
negligent property management or other overt negligence on the Purdy part. In particular, states
that place such a duty on the Purdy-bailee, the Purdy is exempt from the burden of evidence, for he
is a landlord. Hence, laws of application will be determined by the owner and Purdy's consent to
personal jurisdiction and sole venue. All subsequent arrangements between Purdy and Bronwyn
shall be regulated by the laws and regulations in effect in the province, state, or territory where the
goods obtained are kept.