Question 4Problem question(5 marks)Topic 4

James went to the Melbourne Comedy Festival. He purchased a ticket online for the 'Great Debate' comedy gala. Following payment, the website told him he was required to collect the ticket at the box office on the evening of the performance.

James arrived on the evening of the performance and collected his ticket. Unbeknownst to him, there was an exemption clause on the back, which read, amongst other things:

Limitation of Liability

1. The Promoter (including its related entities) and its respective officers, employees, contractors and agents shall not be liable for any loss, expense, damage or liability whatsoever which is suffered or incurred or for personal injury suffered or sustained...

James sits in the front row of the 'Great Debate' and during the performance is hit in the face by a flying projectile from one of the performers in an on-stage stunt. His injuries are extensive and unfortunately, he is required to undergo reconstructive surgery.

The organisers of the Melbourne Comedy Festival are unwilling to provide him with any financial compensation, relying on the exemption clause on the back of the ticket.

James comes to you for advice, wanting to sue the Melbourne Comedy Festival organisers.

a)State the issue you need to consider. (1mark)

b)State the relevant legal rule relating to this problem.(1 mark)

c)State the main case related to this problem.(1 mark)

d)Based on this information, if James sued the Melbourne Comedy Festival for the damage he suffered, would he win in court? What is your answer - yes? or no?Explain your answer.(2 marks)