Question
Australia as reference Clause 6 read: Imamax Ltd is not responsible for any loss, damage or injury caused through use of its products irrespective of
Australia as reference
Clause 6 read:
"Imamax Ltd is not responsible for any loss, damage or injury caused through use of its products irrespective of how that loss, damage or injury occurs".
Hal did not read the terms and clicked the "Agree and Submit" button below them (instead of the "Disagree and Exit" button) to submit his order and download the software.
The software contained a virus that destroyed Hal's hard drive.
a) What is the typical name given to a clause such as clause 6? Provide 2 examples of places where this type of clause is used that you have seen or are aware of and do you think they were legally effective (explain, why/why not)
b) What is the purpose of clause 6? In other words, what is it trying to achieve?
c) Does Clause 6 affect Hal's prospects of recovering under common law? Explain
:d) What prospects of recovering would Hal have under statute? Which statute and sections do you think would be applicable and why?
Australia as reference
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