Question: Please do its quickly for me Marcia walks into the XYZ Ltd. toy store with her 5-year-old son, Jack, looking for a birthday gift. She

Please do its quickly for me

Please do its quickly for me Marcia walks into the XYZ Ltd.

Marcia walks into the XYZ Ltd. toy store with her 5-year-old son, Jack, looking for a birthday gift. She spots a shiny Teenage Mutant Ninja Turtle action figure displayed prominently on the shelf and thinks it would make the perfect gift for Jack. Unbeknownst to Marcia, the action figure was part of a recent recall due to a manufacturing defect that caused the head to detach easily, posing a choking hazard to young children. The store failed to remove the defective product from the shelves and did not alert customers of the recall. Marcia purchases the action figure and gives it to Jack as a gift. While playing with the toy, the head comes loose and Jack puts it in his mouth, choking on it. Marcia rushes him to the hospital, where he receives medical attention and thankfully makes a full recovery. After the incident with Jack and the defective toy, Marcia noticed an exclusion clause in her receipt from XYZ Ltd. that read "XYZ Ltd. shall not be liable for any loss, damage, or injury caused by negligence." It was later discovered the same clause is on a sign at the entrance of the toy store. Marcia recalls seeing the sign but could not read the writing on the signage as it was damaged and most of the letters were faded. She wondered whether this clause would limit her ability to hold the company responsible for their negligence. Advise whether the exclusion clause in the receipt and sign: . Are express terms and; b. Are they effective? (In your answer, DO NOT address the tort of negligence)

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