Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Peter runs a printing business. In April 2022 negotiations were conducted by Peter with Best Carrier Ltd entirely by telephone, with respect to the delivery
Peter runs a printing business. In April 2022 negotiations were conducted by Peter with Best Carrier Ltd entirely by telephone, with respect to the delivery by this company of a new piece of expensive machinery, with Peter emphasising to the CEO of Best Carrier Ltd that if the machinery was damaged in transit it would cause him delays in the completion of a job for Monash University; his biggest client. The machinery was indeed damaged in transit due to the fact that the relevant Best Carrier Ltd truck driver lost control of the truck and hit a tree. Police investigations subsequently revealed that, at the time of the accident, the truck driver was drunk and, as a result, vastly exceeded the legally- permitted blood alcohol concentration limit for fully licensed drivers in Victoria. When the (damaged) machinery was delivered to Peter, one of his employees signed a form which contained an exclusion clause. The exemption clause excluded liability for damage "caused by any acts or defaults of the carrier or otherwise". Peter's employee did not read the form. Can Best Carrier Ltd rely on the exclusion clause to avoid liability, according to the law of contract? Do not discuss the Australian Consumer Law. Please refer to any relevant legal cases and/or legislation to support your arguments, and ensure that you fully explain your answer. Type your answer in the box below
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