Question Three- Chapter 4 Contract (exclusion clauses)

MARKING CRITERIA FOR THIS QUESTION

Identification and discussion of relevant issues: 2 marks

Examination & analysis of information: 2 marks

Stephen is on holidays in Sydney staying at a luxury resort on the beach. He walks to the beach and hires one of the hotel-owned beach lounge chairs to laze on while he drinks cocktails and works on his suntan. When he paid his money to hire the chair he was given a ticket which he briefly glanced at and put in his wallet.

The chair subsequently collapsed and Stephen now has an injured back and must have physiotherapy and take pain medication. On the back of the ticket given to Stephen it states "The hotel will not be liable for any accident or damage arising from the hire of the chairs".

Stephen want to sue the hotel for his injuries but the hotel states that the hotel will rely on the clause on the back of the ticket and that Stephen has no case against the hotel.

REQUIRED

Using the law set out in your textbook, undertake further research and advise Stephen of his rights in this matter. Use case law to support your answer.[1]

[1] Do not forget to correctly reference all of your sources!

MARKING CRITERIA: TOTAL ASSIGNMENT

Identification and discussion of relevant issues (what is the legal problem(s) raised by the question and what does the law state in relation to this?) Evidence of research beyond the prescribed textbook is required: 12 marks

Examination & analysis of information (how does the above discussion apply in relation to the facts of the question?): 12 marks

Presentation (includes word count): 2 marks

Referencing: 4 marks