Question
Jill drove into a parking garage.There was no sign displayed other than the cost of parking.She accepted the ticket the machine offeredand parked her car.She
Jill drove into a parking garage.There was no sign displayed other than the cost of parking.She accepted the ticket the machine offeredand parked her car.She thensaw a large notice that said "We do not accept liability for harm,however caused".Choose the statement that best describes the legal position.
Select one:
a.Jill is not contractuallybound because the clause is unfair
b.Jill is not bound because she did not sign the contract
c.Jill is contractually bound because she chose to enter the carpark
d.Jill is not contractually bound because the clause was not broughtto her attention
e.Jill is not contractuallybound because the contract was formed before the notice was brought to her attention.
In which cases did the court decide that the exclusion clause in question was a part of the contract because it was contained within a written document which had been signed by the plaintiff?
Select one or more:
a.Balmain New Ferry Co Ltd v Robertson
b.Olley v Marlborough Court Ltd
c.L'Estrange v Graucob Ltd
d.Toll (FGCT) Pty Ltd v Alphapaharm
e.Sydney Corp v West
The defendant inSydney Corporation v Westwas:
Select one:
a.Not liable because the contract contained an exemption clause.
b.Not liable as there had been no breach of contract proved.
c.Liable because the exclusion clause did not protect them against conduct beyond that which was contemplated in the contract.
d.Liable because there was no exclusion clause.
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