Question One Jack has just bought a cottage in Lane Cove-a real renovator's dream. There was a lot of work to be done in order to bring the 100 year old cottage into a liveable state. Jack spent many hours with people in the various trades of plumbing, electrical engineering and building obtaining quotes for the work that needed to be done. Jack had stretched himself financially to buy the house in the first instance and was trying to save money whilst doing the renovations. Afix Pty Ltd, submitted a quote for each stage of the renovation (i.e. the building, plumbing and electrical work) which was subsequently accepted by Jack. However on the bottom of the quote in normal sized print in green lettering appeared the following clause: "Afix Pty Ltd and its employees, agents and subcontractors are not responsible for any loss or injury, whatever the cause, that may be caused as a result of carrying out the renovations at the above named property". Jack being so busy with work and preoccupied didn't read the quote carefully and only glanced at the clause. Subsequently, the building work started and progressed quite well to Jack's satisfaction. However one evening when returning home late, Jack tripped over some PVC piping which had been left lying in the middle of the doorway and fell onto a copper pipe sticking out of the wall in the bathroom which had been left uncovered by Pete the plumber. Jack suffered serious injury as a result and has since commenced an action for damages for personal injuries. (You can assume that Pete was negligent in leaving the pipe uncovered). Does the exclusion form part of the contract in order to safeguard Afix Pty Ltd? Question Two Why do you think the courts require notice of exclusion clauses before they will enforce them?