Kenneth and Keith are brothers who loved photography very much. They were in Sekinchan last weekend and

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Question:

Kenneth and Keith are brothers who loved photography very much. They were in Sekinchan last weekend and took some beautiful photographs of the paddy fields. They decided to participate in the ‘Sekinchan Green’ photography competition. Each team was allowed to submit a maximum of three (3) photographs and as a team, Kenneth and Keith contributed one photograph each. They shared the cost of the registration fee. The registration was to be made only in one name and they unanimously agreed that it will be in Kenneth’s name. They were elated when informed that Kenneth’s photograph had been selected and they had won the first prize. Kenneth drove to the Sekinchan Photography Centre to collect the prize money. He drove into the parking lot but did not see a sign at the entrance, stating:

The Management shall not be responsible or liable for the loss or damage, in any manner whatsoever, to any vehicle parked herein and/or to anything, valuable or otherwise, kept/stored in the vehicles. Park at your own risk’. However, he saw the same sign in the lift lobby. Kenneth had been to this building many times. After he had collected his prize money, he went back to the parking lot and to his horror, saw that his car had been broken into and his very expensive photography equipment stolen. Kenneth demanded that Sekinchan Photography Centre compensate him for the loss but was told that the Management disclaims all liability as stated in the signs at the entrance and lift lobby.

Advise Kenneth as to:

(a) whether Sekinchan Photography Centre would be able to rely on the exclusions clauses above to disclaim liability; and (10 marks)

(b) whether he needs to share the prize money with Keith as he did not have any ‘intention to create any legal relations’ with Keith regarding the same. (6 marks)

Support your answer with relevant sections from the relevant Act(s) and/or decided cases, if any.