Question

As You Like It" is a movie rental club that rents movies at a cost of $10.00 for 10 days per movie rented.    Jill Thom was excited to use this facility since there was no internet in her area and the television options were limited. Besides it would be a good way to pass the time with the family over the weekends. She planned to make popcorn. Jill paid for the movies. At the bottom of the receipt it stated that if the movies were returned after 10 days there was an additional daily cost per movie of $7.00.  

The movies were so enjoyable that they were replayed several times over and was returned 2 weeks late. When Jill returned them she was told that she had to pay an additional amount of over $500.00 for the late return. She was furious and comes to you for advice.

Advise Jill.

Answer 1

As per the verdict in the case Bernard Construction Co. v. Municipal Court (1975) 49 Cal.App.3d 710, 722, the court decided that the writings on the receipt or invoice form the legal contract between the buyer and seller even when the buyer does not read these terms and conditions.

So as in the given case, the condition of the extra fee an additional daily cost per movie of $7.00 after the 10 days time was mentioned on the receipt, will be enforceable thus Jill is liable to pay the total amount.