Question
Ginny has recently learnt how to cycle, and she made plans to visit East Coast Park with her friends for cycling. She decided that she
Ginny has recently learnt how to cycle, and she made plans to visit East Coast Park with her friends for cycling. She decided that she would rent a bicycle from a bicycle rental shop called "Two Wheels"
That morning, Ginny was running late and her friends were already waiting outside Two Wheels with their bicycles. Ginny rushed in and hurried through the payment process at the shop counter. She was waiting to receive her rental bicycle when she noticed an A4-sized notice on the shop counter. The notice stated in large print as follows:
1. Cycling, like any other physical activity, carries with it risks of physical injury or illness.
2. By renting a bicycle from Two Wheels, you acknowledge that you are aware of such risks.
3. Two Wheels will not be liable for any physical injury, illness or loss arising out of your rental or use of the bicycle.
Upon reading the notice, Ginny became concerned and asked the shop staff about the risks of cycling at East Coast Park. The shop staff laughed and replied, "This is not mountain biking. I have not seen anyone getting injured from cycling here. This is just a legal thing to protect us - you don't need to worry about it." Ginny felt comforted by his response, and forgot about the notice once she was handed her bicycle.
Ginny really enjoyed cycling around East Coast Park. At one point, she followed her friends up a sloping path, and the physical challenge of the ascent energised her. As she was descending the ramp, however, Ginny could not seem to slow down using the bicycle brakes, and she ended up crashing to a stop.
Ginny sprained her wrist in the crash, and also suffered some minor bruises and scratches. Her brand new mobile phone, which was in her pocket during the accident, had its screen cracked by the impact.
One of Ginny's friends, who possessed some technical knowledge on bicycles, checked Ginny's bicycle and found that the brakes were not working properly. This appeared to be due to the negligence of Two Wheels in failing to conduct proper checks and maintenance on the bicycle.
When Ginny made a complaint to Two Wheels, the shop staff referred to the notice on the shop counter, and refused to compensate Ginny for her wrist injury and the damage to her mobile phone.
Apply the legal rules under the four (4) points relating to the enforceability of exemption clauses to analyse whether the relevant clause in this scenario is valid and enforceable against Ginny in relation to (i) her wrist injury, (ii) the damage to her mobile phone, and (iii) define an exemption clause and expressly identify the relevant exemption clause in this scenario.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started