Assignment Task
Task
Jill is oft to the opera at the State Theatre. She drives her Mercedes to the underground car park owned and operated by Bilsons Ltd. Outside the car park is a large sign that says “Take ticket from machine. Ticket contains terms. Pay when leaving. No liability accepted”. Jill does not read the sign. As she approaches the boom gate, an automatic ticket machine issues her with a ticket with these words printed on it: CONDITIONS OF PARKING “It is a condition of the issue of this ticket that vehicles are parked on these premises at the car owner’s risk. The car park proprietors accept no responsibility for loss or damage to vehi-cles in the parking area whether caused by negligence or in any way whatsoever”. When she returns to get her car, it is missing. An hour later, it is found in the Marra River. The police confirm that an employee of the car park broke into the car, somehow managed to start the engine and drove off. When he had had enough, he abandoned it in the river. Not only is the car beyond repair but Jill’s laptop, valued at $5,000, is also destroyed.
Note -Jill seeks your advice as to whether the exclusion clause will prevent her from claiming damages from Bilsons Ltd.
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