Sarah is off to a lengthy shopping expedition to East Park, which is a multi-story retail centre. She parks her car in an underground car park operated by Carefreeparking Ltd. At the entrance to the car park is a large sign which reads: "Number plate recognition operates in this car park. Parking subject to conditions - see inside. Pay at pay station inside Shopping Centre before leaving. No liability accepted". Sarah parks her car and does not think to look for, nor did she see, the parking conditions. She returns a few hours later and finds that her car is missing. Later that day it was found abandoned and destroyed by fire fifty kilometres away. The car was a total loss as were its contents. Neither the car, nor its contents, were insured. The car had a pre-loss market value of AUD40,000 and the contents AUD4,000 On seeking to recover her loss from Carefreeparking Ltd Sarah was informed by the Company that parking in the car park was subject to conditions which were prominently

displayed at the entrance to the Eastpark Shopping Centre from the car park. One of those conditions stated: "Carefreeparking Ltd does not accept any responsibility for the loss or damage to any vehicle or its contents or for any injury to any person howsoever such loss damage or injury may arise or be caused". Required Using the PIRAC method advise Sarah whether she can recover her losses from Carefreeparking Ltd making reference to relevant cases and legal principles. Do not refer to legislation or Chinese Law

INSTRUCTIONS

Referencing: include references to cases and any applicable legislation referenced in accordance with the Harvard Referencing System