Scenario

Mary operates a profitable caf in Wollongong. In November 2019, Mary was thinking to sell her old Toyota Camry and purchase a new car. Over a phone chat with her friend Joy, she learned that Joy wanted to buy a second-hand car. Later, she emailed Joy, writing: "I would like to sell you my car for $10,000". The next day, Joy replied: "Thanks for your email. Yes, I like your car very much. But I do not have much money at this stage. I can only pay $9,000". Mary thought about this and then replied to Joy, "I am sorry, but $10,000 is the lowest price I can accept". Joy did not reply.

Mary then learned that one of her favourite shows was going to be performed in Darling Harbour, Sydney. Mary was glad that she still had her Camry and she was planning to drive to Darling Harbour for the show. At the height of the busy Christmas season, Mary assumed that she might have trouble parking in that part of Sydney. After looking at the Yellow Pages and talking to her friends, she began to have a better understanding of the nearby parking facilities. She decided to park at Acme Parking Ltd ("Acme"). This was a brand-new parking station that can accommodate 2500 cars and is one of the most advanced modern parking facilities in Sydney.

Mary was extremely cautious as she drove in through the boom gates at the entrance. Admittance was obtained by accepting a ticket from an automatic machine and proceeding inside. The ticket contained exclusion terms on the back. The ticket was also issued subject to conditions displayed on the six pillars around the parking station. She did not read any of the exclusion terms on the back of the ticket, nor did she read the conditions displayed on the pillars. Written on the back of the ticket and on the pillars are these words: 'Acme is not liable for any injuries to customers'.

When she returned to collect her car in Acme, she slipped on some banana skins, fell over and broke her ankle. She complained in writing to Ron (the manager of Acme). Ron responded: "I am really sorry to hear that. However, we've made it clear in the conditions that Acme is exempted from any liability for any injuries to customers."

Learning that Mary was severely injured, Scott, Mary's boyfriend, placed an order for a large bunch of flowers to be sent to Mary the next morning from a flower shop named Flowers for You. When the flowers were delivered, Mary was delighted. She leant over to smell the flowers. As she did so, an enormous spider jumped out of the flowers and ran across her arm. She was so shocked and fell over backwards, which aggravated her ankle injury. She also broke an expensive vase given to her by her mother. On the same day, Joy called Mary and told her: "I've finally got $10,000 and I'm coming to pick up your car soon".

Mary asks you to provide her with legal advice about these matters.

a) Advise Mary whether she has an agreement with Joy on the sale of the car. (8 marks)

b) Advise Mary whether Acme is liable under contract law for her injuries (23 marks)

In your answer you should consider:

o whether the ticket was contractual in nature; and

o whether the disclaimer clause is effective. Would your answer be different if Mary had been a regular customer of Acme?

c) Advise Mary whether she can bring a legal action against the shop Flowers for You under negligence law? If so, will the flower shop be liable for both the injury and loss? (24 marks)

In your answer you should consider:

o all of the elements of negligence; and

o the possibility of defence(s) to negligence.

Note: Refer to case law and/or legislation to support your answers.