A Complete Case Analysis The situation described is a classic case of how plaintiff trying to break contract buyer beware case. Plaintiff did not read the contract, which specifically said of how much defendant would be held liable in case if passengers luggage, which doesnt have any additional insurance on it, gets lost due to negligence on the behalf of the defendant. Her argument was that she doesnt have to read every statement on the claim check, being too busy yet she assumed that railroad would become fully responsible for her luggage. There was a specific note on the claim check: unless a greater value has been declared at the time of checking, obviously enough, Plaintiff did not declare any greater value, therefore Defendant will be held accountable for the claimed loss. Plaintiffs referral to being unaware of contract terms will be dismissed by the Court of law. By her own admission of not reading the contract fully, she has given up her legal rights to sue in this bailment contract.
Yet, as it appears, this never stopped the Plaintiff from bringing the case in the Court of Law. She cannot prevail under any circumstance, as it being effectively proven before. Usually cases like this are being thrown out of court, without going as far as having Plaintiff and the Defendant arguing their points in front of a judge. So, Plaintiff shouldve really thought twice, before bringing its case to the court, wasting everyones valuable time..
