Will and Jenny join a group of wine enthusiasts who arrange a flight to the Barossa in

Fantastic news! We've Found the answer you've been seeking!

Question:

Will and Jenny join a group of wine enthusiasts who arrange a flight to the Barossa in South Australia. The flight is under the control of a private company called Sky-High and Will and Jenny are looking forward to the holiday adventure and the wine tasting experience.

They purchase their tickets from the local travel agent, and the tickets are to be collected at the point of departure. Just before boarding the flight, when they are collecting their tickets, they are asked to sign a document that confirms their personal details. They think it is simply a receipt for the tickets.

As they fly out of Sydney, Jenny takes off her seat belt and struggles to collect a book she has been reading from the overhead compartment which is two rows of seats behind her seat. Just as she is doing this, the plane suddenly loses height, Jenny falls, breaks her wrist and suffers nervous shock, which all but ruins the holiday.

When Jenny sues Sky-High for damages for her injury and the loss of enjoyment of her holiday, the company draws Jenny's attention to a clause in the printed form that she had signed that stated that Sky-high was not liable for any injury, however that injury is caused, to passengers whilst not wearing a seat belt.

Advise Jenny whether she can successfully sue Sky-High for damages for her injury and the loss of enjoyment of her holiday.

The style you should adopt for your answer to this question should follow the PIRAC approach to solving problems.
You will need to consider the following matters -
Would Jenny be likely to have an action in tort against Sky-High?
Whether or not she does have an action in tort, might she have an action in contract for the failure of Sky-High to facilitate an enjoyable holiday.
If she does have an action in tort or in contract, would the clause in the form which she signed relieve Sky-High from liability?