Saber, a business student at CQU, walked into his local game store and saw a copy of the latest game, Marsattack: Metal Squad, with a price tag that said “$6.99”. Saber knew that the game retails for $69.99 so he quickly picked up the last remaining copy from the shelf and hurried over to the cashier. The game was scanned and the price came up as $69.99. Saber was unimpressed and took the checkout attendant to the shelf where the price clearly showed $6.99. He pointed out that the shop had made an offer to sell him the game for $6.99 and that he was officially accepting this offer, thus creating a contract. The attendant was confused and stated that this was merely a typographical error and that the game in fact cost $69.99. Saber told the attendant that if he was not sold the game for $6.99 he would bring a court action against the game store.

Required:

(a) Solve the issue as to whether Saber would be successful in his legal action.

(b) How does your answer change if Saber had said “Look, I have spent time and effort coming to this store, I am willing to pay the difference between the price on the shelf and the actual price, which is $53” and the attendant agreed?

Case Study 2:

Following on from case study one, Saber returned to his car. He parked his car in ‘Park Safe’, a secured parking bay near the game store. When Saber retrieved his car, he noticed that both back lights had been smashed and there were scratch marks along the paintwork and a smashed window. When Saber opened his car he found that the glovebox has been forced open and that several items were missing.

Saber reported the incident to the car park attendant. It took him 20 minutes to fill in the incident report form. During this time his car was stolen because he forgot his keys in the car. Saber was so upset when he saw the damage that he accidentally left the keys in the car. His car insurance had expired a few days prior to this incident and he had not had time to reinsure the vehicle.

Saber was furious. He told the attendant that he will sue the carpark for the value of his vehicle. The attendant told him that he would be wasting his time and money.

At the time of entry he was given a ticket by the ticket machine. The ticket indicated which parking space he was allocated, along with the date and time the ticket was set to expire. However, Saber did not check the back of the ticket which listed, in substantially smaller print, a number of items, including the following:

Park Safe takes no responsibility for any damage caused to any vehicle, parked or otherwise on Park Safe premises, however such damage may be caused. Occupants use Park Safe at their own risk.

Required:

1. Solve the issue as to whether Saber would be successful for his loss.
2. Would your answer be any different if Saber did not leave his keys in the car?

Case Study 3:

Following on from case study 2, Saber is delighted that it is the end of his school year and all his disputes with the video store and car park are now resolved. During the year, he set aside a portion of his weekly part time wage in order to take a luxurious two-week holiday, cruising the Pacific on the ‘Fantastic Pacific’. His travel arrangements are set and he is to depart from Sydney harbour on 10 January 2017.

On 8 January he received a call from his sister, Zaber, who told him that their older brother, Jaber, is in hospital and is in an induced coma as a result of a life threatening illness. In shock, Saber rushed to his new car and raced off to the hospital. Although he drove at the speed limit, distracted by worry, he failed to indicate that he was turning left and was struck by a car from behind. The police report found that the accident was not his fault, despite his failure to signal. Saber’s back is jolted violently in the accident and he suffers severe but non-permanent pain which will take 4 weeks to heal, according to his medical reports. The other driver refuses to compensate him.

Jaber, was taken out of the induced coma, medically treated, and made a full recovery. However, Saber was forced to miss his trip on the Fantastic Pacific. The representatives of the Fantastic Pacific refused to refund Saber the value of the trip and he became exceedingly depressed after he turned on his hospital television to see the Fantastic Pacific leave Sydney Harbour. Bursting into tears he called his lawyer and instructed them to commence another legal action.

Required:

Solve the issue as to whether Saber will be successful in this legal action.