Question
Adam and Betty book a bus tour going from Adelaide to the Barossa Valley wine region for a short holiday with Galwler Busline. They purchase
Adam and Betty book a bus tour going from Adelaide to the Barossa Valley wine region for a short holiday with Galwler Busline. They purchase their tickets from the local travel agent, and the tickets are to be collected at the point of departure. Just before getting on the bus, 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 travel out of Gawler, Betty takes off her seat belt and goes to the baggage compartment to collect a book she is reading. Just as she is doing this, the bus brakes suddenly, Betty falls, breaks her wrist, and suffers nervous shock, which all but ruins the holiday. When Betty sues Gawler Busline for damages for her injury and the loss of enjoyment of her holiday, the company draws Betty's attention to a clause in the printed form that she had signed that stated that Gawler Busline was not liable for any injury, however that injury is caused, to passengers not wearing a seat belt. Advise Betty whether she can successfully sue the Gawler Busline for damages for her injury and the loss of enjoyment of her holida
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