Issue: Can James recover his losses from the hotel Law & application: +On the facts, the exemption clause contained somewhere which did not require signature. As such, for it to be valid it should have been made known to James before he accepted the contract (Olley v Marlborough Court) unless the hotel can show that James has stayed in the hotel on previous occasions (J.Spurling v Bradshaw) +In this case, acceptance took place at the reception table and the exemption clause was only made known after that. The exemption clause came too late (Olley v Marlbobrought Court) Futhermore, there is nothing to show that James has stayed the on previous occasions +Thus, the exemption clause may be not valid and James may be able to recover losses from the hotel. Conclusion: Hames can recover his losses from the hotel.
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