Sam is a painting contractor who decides to hire some ladders and planks from a local equipment hiring business to enable him to paint the exterior of a clients home. When he collects the hired goods, he is asked to sign a hiring agreement. Prior to signing the hire purchase agreement, Sam asked whether the planks would be delivered in the next 3 days as his client urgently needed him to start on the job. David, the store manager, replied, That should not be a problem- our deliveries are always on time. The following conversation then transpired between Sam and David: Sam: Would the scaffolding boards be able to withstand a weight of at least 100 kg as I intend to place some of my other heavy equipment on the scaffolding board next to me while I work? David: Yes certainly- This brand of scaffolding board is sourced from ABC Holdings, a well-known manufacturer in Turkey and can withstand weight of at least 120 kg. Sam: Could you please provide these boards made of Southern Yellow Pine instead of Northern Green Pine although I note that they are both of the same quality? Its just that I notice the Yellow Pine creaks less when Im standing on it and is less distracting to me. I also like the colour yellow. David: Thats not a problem. Sam then briefly read through the document and noted there were terms and conditions in it. However he noted the various verbal promises made to him by David above were not included in the hiring agreement. Sam also noted that at the back of the hiring agreement, the particular term below was highlighted in bold. The term read as follows: "The hirer accepts no responsibility for defective equipment as well as personal injuries suffered by persons using our equipment during the period of hire, where defects and/or injuries are caused by breach of contract. Sam asked whether the term above applied to the particular planks he was purchasing, to which David replied, No- Rest Assured, the planks are NOT covered by the above term. Sam felt comforted on hearing this and signs the agreement as requested. When the planks were delivered, they were delivered 2 weeks late and much to Sams disappointment, none of the verbal promises about the features the boards had were honored. In addition, whilst Sam was using the equipment, one of the planks collapses due to the fact that the safety feature that prevents the plank from collapsing is badly worn out, and Sam is seriously injured. When Sam recovers and tries to sue the hiring firm, his attention is drawn by the hiring business to the term (in bold above) at the back of the printed hiring agreement (which he had signed) and he was informed that it applied to all planks sold in the store.

QUESTION: Sam seeks your advice, using the IRAC format, as to whether he would be able to successfully sue under Contract Law only, using the topic of Contract Terms. Discuss all possible arguments available on the facts. Please do NOT discuss Consumer Law (ACL) or Tort Law in your answer. No marks awarded for this. Remember: Your answer MUST be fully supported with relevant case law. (10 Marks)