Question 1C - Exclusion Clauses

Upset and furious, Robert prepares to leave Good Wood Lawyers but his illness causes him to faint. Luckily, Martin is able to catch Robert before he falls to the ground.

Once Robert recovers and is able to talk, he explains to Martin that he wants to begin legal proceedings against Burnside Medical Centre.

Martin's eyes light up. He also has some serious issues against the Burnside Medical Centre.

Martin's sister had produced a natural remedy for auto-immune disorders. She had made a compound using only natural substances. The natural remedy, "Immune Reinforcer", contained no pharmaceutical compounds. Instead, it used a mixture of Tumeric, Ginger, Apple Cider vinegar, Flaxseed and Epsom salts.

However, the head doctor at Burnside Medical Centre filed a complaint with the Therapeutic Goods Administration against "Immune Reinforcer". As a result, "Immune Reinforcer" is currently under evaluation and will not be available for commercial sale until the review process is complete. However, the review does not prevent private sale between individuals.

Robert asks if "Immune Reinforcer" actually works. Martin assures him that it's a very good product. He then pulls out 2 bottles from his desk drawer. The bottles only have the front label with the product's name.

Robert buys one of the bottles for $50. On the invoice, he notices an item at the bottom under a heading that says "Exclusion Clause". However, the text under the heading has been smeared by the printer, making it unreadable.

Martin says, "sorry, our printer is on the fritz. Oh, and we're still waiting for the manufacturer to send us the back labels that list the ingredients and possible allergens."

Robert says, "that's ok. I'm not allergic to anything so I'll be ok".

Robert goes home and takes two tablets of "Immune Reinforcer". He then goes to sleep.

Later that evening, Robert wakes up with a burning sensation in his stomach. He runs to the bathroom and sees his reflection. He is covered in blisters and has a rash on his face.

In the morning, he calls Martin. Robert yells, "these pills you sold me have made me incredibly ill. I'm worse now than before. I'm going to sue you."

Martin simply smiles and says "Go for it. You can't do anything because I have an exclusion clause. It's on your invoice."

Martin then reads the Exclusion clause to Robert over the phone. It says:

All consumption of Immune Reinforcer takes place at the customer's risk. Good Wood Lawyers and its employees accept no liability for any damage, injury, or consequential loss, whatsoever caused, when a customer is using Immune Reinforcer as ordered by a doctor

Robert has to visit another doctor to deal with the burning stomach, rash and blisters. The doctor confirms that Robert has been injured quite badly. The Epsom salts caused a severe peptic ulcer to develop. Also, it turns out that Robert is severely allergic to Flaxseed.

Robert wants compensation from Good Wood Lawyers for his pain and suffering.

Advise Robert whether he will be able to be awarded compensation and damages from Good Wood Lawyers. When answering this question, focus on the rules for Exemption Clauses in Contract Law.

NOTuse Consumer Law for this question.