Raul works at the Rounders Caf in South Melbourne.He often parks his car at Spalding Carpark, which is a short walk to the caf.Spalding Carpark has a valet service that allows customers to elect, for a small fee, to have their car parked by an attendant.The keys are left with the attendant, who provides a ticket to the customer for collection purposes.After finishing work one Friday afternoon, Raul went to collect his car from the attendant at Spalding Carpark, but was told that the ticket had already been presented and the keys handed to the ticketholder.In fact, a rogue had approached the attendant claiming that he had lost his ticket, and the attendant, who checked the rogue's ID (which was forged), then handed the keys over to the rogue, who stole Raul's car.Raul was furious, and immediately reported the incident to the police and has now come for you for legal advice.Raul tells you that Spalding Carpark told him that he cannot sue for breach of contract due to the following clause on the parking ticket handed to Raul when he provided his keys to the attendant:

"Spalding Carpark is not liable for the loss or damage to any vehicle howsoever caused"

Advise Raul whether he will be bound by the exclusion clause.

Please use case law to support your answer.

PLEASE DO NOT DISCUSS THE AUSTRALIAN CONSUMER LAW.

IRAC structure - Issue, Rule, Analyse, Conclusion