Question
DreamPark is a famous theme park that offers numerous rides. Su, a 19-year-old university student, wants to celebrate her birthday and decides to spend the
DreamPark is a famous theme park that offers numerous rides. Su, a 19-year-old university student, wants to celebrate her birthday and decides to spend the day at DreamPark. At the entrance of DreamPark, Su was asked to sign a document that contained a clause to the effect that DreamPark 'is not liable for any death or personal injury arising due to the negligence of DreamPark'. Su was in a hurry, and she signed the document without properly reading it. Su decides to take a ride in the rollercoaster once she is inside the theme park. Halfway through the ride, the rollercoaster derailed, tossing passengers off the track. Luckily, Su did not suffer any physical injury other than breaking her brand-new iPhone. DreamPark tells Su that they are not liable for the damaged iPhone because of the term included in the document, which excludes their liability.
Su wishes to know whether DreamPark is liable for the damaged iPhone. Explain your answer with reference to relevant cases. Do not discuss under the Australian Consumer Law or law of negligence.
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