Advise Jack whether Sport Ltd can rely on the exemption clause in the notice. Apply the elements of the tort of negligence and defenses.

Early the following morning Jack decides to go to Sport Ltds gym to use a jacuzzi. He pays at the desk but fails to see a very small notice which is upside down and reads:

All persons use the premises at their own risk. Sport Ltd. accepts no liability for injury, theft, loss or damage to persons or property howsoever caused.

Inside the changing room there is a large notice reiterating the exemption clause. Jack puts his clothing in a locker and goes to the pool. He steps into the jacuzzi but cuts his foot on broken glass that has been negligently left by Sports cleaner. After receiving medical attention, Jack returns to his locker to find that it has been broken into and his Armani suit and handmade leather shoes have been stolen. On returning home, Jack writes to Sport Ltd, stating that he intends to take legal action against them.

Within a week Jack receives a letter from Sport Ltd denying his claim and pointing out their exemption clause.

Advise Jack whether Sport Ltd can rely on the exemption clause in the notice. Apply the elements of the tort of negligence and defenses.