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Will and jenny book a bus tour going from Melbourne to the Hunter Valley wine region for a short holiday with Hunter Busline. They purchase their tickets from the local travel agent, and the tickets are to be collected at the point of departure. Just before getting on the bus, when they are collecting their tickets, they are asked to sign a document that confirms their personal details. They think it is simply a receipt for the tickets.

As they travel out of Sydney, Jenny takes off her seat belt and goes to the baggage compartment to collect a book she is reading. Just as she is doing this, the bus brakes suddenly. Jenny falls, breaks her wrist and suffers nervous shock, which all but ruins the holiday.

When Jenny sues Hunter Busline for damages for her injury and the loss of enjoyment of her holiday, the company draws Jenny's attention to a clause in the printed form that she had signed that stated that Hunter Busline was not liable for any injury, however that injury is caused, to passengers not wearing a seat belt.

REQUIRED

Advise Jenny whether she can successfully sue the Hunter Busline for damages for her injury and the loss of enjoyment of her holiday.

NOTES

1. The style you should adopt for your answer to this question should follow the PIRAC approach to solving problems.
2. You will need to consider the following matters -
3. Would Jenny be likely to have an action in tort against the Busline?
4. Whether or not she does have an action in tort, might she have an action in contract for the failure of the Bus company to provide an enjoyable holiday.
5. If she does have an action in tort or in contract, would the clause in the form which she signed relieve the Bus company from liability?

please order in a manner