The Parking Lot Yusef Ali parked his automobile in a parking lot owned by the Dumas Corporation

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The Parking Lot

Yusef Ali parked his automobile in a parking lot owned by the Dumas Corporation. At the request of the parking-lot attendant, he left his keys at the attendant's office and received a numbered ticket as his receipt for the payment of the parking fee. Before leaving his keys with the attendant, he made certain that the doors of the vehicle were securely locked, as he had left a number of valuable books on the rear seat of the car.

 

Unknown to Ali, the attendant closed the lot at midnight. Then he delivered the keys to the cars on the lot to the attendant of the parking lot across the street. This lot was also owned by the Dumas Corporation, but it remained open until 2:00 a.m.

 

Ali returned to the parking lot to retrieve his automobile shortly after midnight, only to discover no attendant in charge and his vehicle missing. By chance, he noticed the attendant on duty at the lot across the street. Ali reported the missing vehicle to him, and found the attendant in possession of his keys.

 

The police discovered Ali's automobile a few days later in another part of the city. The vehicle had been damaged and stripped of its contents, including Ali's rare books.

 

Ali brought an action against the Dumas Corporation for his loss. However, the company denied liability on the basis that the ticket (which Ali received at the time of delivery of the keys) read: "Rental of space only. Not responsible for loss or damage to car or contents however caused." Dumas also alleged that the attendant's office had a sign posted near the entrance that bore the same message.

 

Identify the issues in this case and prepare the arguments that Ali and the Dumas Corporation might use in their claim and defence respectively.

 

Render a decision