Please advice Hilary as to the legal issue in this case !!!!?

Question

Hilary was getting married in Sydney and her Auntie ivy, who lived in Brisbane, agreed to send her flowers for her wedding bouquet. Aunty Ivy arranged with Chilla van for the flowers to be sent to Sydney in a refrigerated container.

When the flowers arrived in Sydney they were drooping. Hilary showed them to Jake, the despatch manager of Chilla Van. He said, "well, what do you expect when flowers are stored at 60 degrees? Our halfwit staff in Brisbane forgot to turn the refrigerator on. I am sorry, love, but the shipping ticket says that it's all care and no responsibility and there nothing I can do". Hilary has to spend $250 on buying replacement flowers in Sydney.

She wants to know whether she can sue Chilla Vans for the cost of the flowers.

Answer 1

Is this for contract law or torts?  

The issue in torts would be whether Chilla Vans met their standard of care.

In contract the issue would be whether the exclusion clause is wide enough to cover negligence.

Answer 2

.   Ivy sues and wins.   There is a tiny section of the law that lets Hillary sue since it was her wedding but she would be proving that Ivy acted as her "agent" which isn't really true.