1.What is an agent of necessity and under what circumstances is an agent of necessity

'appointed'?

Use case law to illustrate your answer.

2.With reference only to the case of Tasman Express Line Ltd, explain what an

exclusion clause is, how an exclusion clause is effective and when the exclusion

clause will fail.

3.Claudia and Xin stay at the Derwent Travel Express Hotel in Perth. Claudia notices

that the hotel has safekeeping facilities and ensures that she deposits her valuables

(expensive watch, passport and camera).

Claudia and Xin decide to party at the hotel bar the night before they are due to leave

and the hostess charges their drinks to their room account. The next day when they

are checking out, they refuse to pay $120 for the drinks, claiming that they were both

extremely drunk and should not have been served the alcohol to begin with.

What are the rights of the Hotel?

4.The Mile High Travel Agency Pty Ltd in Perth ran a series of

advertisements in newspapers and magazines promoting an

overseas tour it had organised. The advertisement read as follows:

THE GREATEST EXPERIENCE OF YOUR LIFE OR YOUR MONEY BACK!!

Yes, exciting action packed, sun-sun-sun filled 14 day fully escorted

tour of the West Coast of America with extended stopovers in

Honolulu.... and for just $3000 per person!!

Anne responded to the advertisement by calling into the agency, but

was informed that should she desire, as requested, private

accommodation, her fare would be $3500, as the advertised price was

based on twin share accommodation. She was also informed that

some of the tours may in fact only run for thirteen days.

Anne ultimately went on the advertised tour, but was disappointed

with it. The weather was generally poor and on four separate days,

the tour participants were given 'free' days when they were left to their

own devices. The tour was also only twelve days.

Advise Anne if she can take action against Mile High Travel Agency and if so, what

action she can take.

5."Those who participate in high-risk recreational activities do so at their own risk

without exception"

Discuss the accuracy of the above statement