- It is recommended that you use the IRAC method in answering this question

Natasha found a new job in a burger place in country New South Wales that has odd start and finish times of 2:00am to 10:00am. As a result, she requires a car as there are no public transport available at the start of her shift. Natasha goes to the Vroom Car Dealership (Vroom) on a Wednesday morning to get her hands on a preloved car. She knows nothing about cars and is relying on advice from the dealer. She approaches Gandalf who is one of the sales staff at Vroom. "I am looking for a well-maintained car to use for work, one that is serviced regularly" says Natasha. "You have come to the right place. We sell the best second-hand cars this part of New South Wales," replied Gandalf. Gandalf shows Natasha a car, the Grand Parade. "This car has your name written on it. This is a very reliable brand, and this model is the best in its class. The previous owner has regularly maintained this car in the past five years he's owned it" says Gandalf. Gandalf has not looked at the car's service records that was in boot of the car. "Great I'll take it!" Natasha blurted excitedly. "Okay, let me just do the paperwork so you can drive this beauty in no time" says Gandalf. Gandalf hands Natasha a document that appears to be a contract and asks her to sign at the bottom of the page. Natasha does not bother reading the contents of the document, signs at the bottom page, pays Gandalf and drives off her pre-loved Grand Parade. A couple of weeks into driving her car, Natasha was on her way to work at 1.30 am when the car suddenly stopped on a dark lonely strip of road five kilometres from her work. Natasha could not start the car and had to walk the rest of the way. She was so scared she almost had a heart attack. Natasha rang later that morning a car repair service that towed her car for repairs. The mechanic discovered that the car's carburetor was dirty, the spark plugs were worn out and the fan belt about to snap into pieces. A car serviced regularly would have identified these faults and rectified. Natasha rings Vroom and speak angrily to Gandalf and told him he lied about the car being serviced regularly. "Well don't complain! Did you not read your contract? We are not liable", says Gandalf. Natasha goes through the contract and at the bottom of the page on item 15 states, "Vroom Car Dealership and its affiliates are not liable for any breach of warranty emanating from this contract" Natasha comes to you for advice.

1. Is it a term of the contract that the car is serviced regularly? Do not consider misrepresentation in answering this question. In your response you must consider the various statements made by the parties during negotiations.

2. Can the exclusion clause prevent Natasha from suing Vroom? the response must consider the importance of the term and how the courts interpret exclusion clauses.