QUESTION.

Vinu decides to hire some ladders and planks from VH Hardware Shop (VH) to repair his house. When he collects the hired goods, he is asked to sign a hiring agreement. Vinu signs on it as requested by the employee. Whilst Vinu is using the equipment, one of the ladders collapse as the ropes holding the ladder steps are badly worn, and Vinu is seriously injured.

When Vinu recovers and tries to sue VH he notices a clause in a small font on the back of the printed agreement which he signed stating "the hirer accepts no responsibility for personal injuries suffered by persons using our equipment during the period of hire, irrespective of whether such injuries are caused by breach of contract, negligence or any other cause whatsoever."

(a) Explain whether the VH is legally entitled to rely on the clause printed on the ticket to avoid liability in relation to Vinu's mishap.

For the purposes of this part you should consider both common law as well as consumer protection legislation. Please also confirm whether Vinu qualifies as a 'consumer'.

Please use IRAC.