Jeremy and Sue are keen to go to an advertised outdoor rock concert. Sue is a big fan of the headline group, but she is concerned about potential issues associated with being in a wheel chair. Prior to any decision on attendance, Sue speaks with Keith, a representative of the concert operator, and explains her position. Keith tells her not to worry, as there will be plenty of security people at the concert who would be happy to assist if required.

Jeremy and Sue buy their tickets at the gate. On the back of the tickets various conditions are outlined. Clause 6 states that 'the concert operator does not accept any responsibility for loss or damage to any article or for any injury to any person, no matter how such loss, damage, or injury arises is caused.'Clause 7 states that 'in the event of any person being removed from the grounds by a representative of the operator, a fee of $500 will apply. The entry conditions, including clauses 6 and 7, are also displayed on a large notice just inside of the turnstiles at the entrance.

About halfway though the concert, the crowd becomes a bit hysterical following a rousing performance of some of the most ferrous songs. it could also have been contributed to by an excessive consumption of alcohol. Sue is locked out of her chair and shouts for help. Unfortunately, Jeremy has gone to the toilet. eventually a security man assists Sue out of the ground. However, Sue loses her purse, the wheel chair is damaged and she suffers some more injuries to her arms and shoulder.

Sue wishes to seek compensation for her losses and injuries. The concert operator denies all ability and relies on the exclusion clauses on the ticket and on the notice at the grounds. More over the operator demands that Sue pay $500 for the assistance provided to get her out of the grounds.

Advise sue fully, as to whether clauses 6 and 7 are terms of her contract.