In respect of the scenario write a 400 word response that addresses the following: (include references)

a) The legal issue (or issues) in the transaction

b) The legal principles you will use to resolve each issue

c) The application of those legal principles to the facts of each issue

d) The concluding advice you would give in respect of each issue

NOTE: This is the ILAC process

Problem scenario

Fancy Fitness (Fancy) runs several gym centres in the northern and western suburbs of Sydney. It enters into a five-year agreement with General Equipment Distributors Ltd (GED) for the supply of gym equipment to the exclusion of all other equipment providers. Clause 18 of the agreement states: 'Under no circumstances shall [GED] be in any way liable for failure to supply to [Fancy] any of the equipment as contemplated by this agreement'. After two years Fancy wishes to obtain equipment also from one of GED's competitors. GED takes Fancy to court seeking an injunction to restrain them. Fancy seeks your advice about whether clause 18 could allow them to argue that they could not be stopped from obtaining equipment from an alternative supplier. (Ignore any issue relating to restraint of trade)