Last week, Kelvin stopped his car at the barrier entrance to a car park in Sydney CBD owned by City Car Park Pty Ltd (the "Company") and saw a large notice stating that the parking fee was $6 per hour. He pressed a button on the automatic ticket machine just before the barrier entrance and a ticket was issued. Kelvin took the ticket without reading it and thereafter the barrier gate rose automatically. He drove through and parked his car. When Kelvin returned to pick up his car, he found that it was damaged by a forklift vehicle that had been carelessly driven by an employee of the Company that day. The following words were printed on the back of the ticket: "Conditions of Parking It is a condition of the issue of this ticket that vehicles are parked on these premises at the vehicle owners' risk and responsibilities. City Car Park Pty Ltd accepts no responsibility for losses or damages to any vehicles for whatever reasons in the parking area."

Discuss whether the exclusive clause of "Conditions of Parking" is legally enforceable and advise Kelvin whether he can take any legal action against the Company under the law of contract. You have to support your explanations and arguments with reference to case law.

Answer rating: 100% (QA)

1 Enforceability of Exclusion Clauses Exclusion clauses are contractual terms that seek to limit or exclude liability for certain types of loss or dam... View the full answer