You buy a ticket for a boat trip on the Yarra.A sign on the ramp to the boat states "The riveris dangerous - enter at your own risk - we exclude all liability".Due to the reckless behaviourof the captain, the boat crashes into the pier of a bridge and you sustain serious injuries.Which statement is correct?

Select one:

a.The exclusion clause was clear,so the boat company will escape liability

b.The boat company did not bring the clause to your attention so they are not liable

c.Negligence causing harm cannot be contractually excluded:White v John Warwick

d.The boat company must pay you damages because you did not sign your agreement to the exclusion clause

e.The clause was only added in only after you enteredthe boat, so the boat company will be liable:Olleyv Marlborough

Wade takes his computer to Michael's computer shop for repair. Wade signs a service agreement with the computer shop which contains the following exemption clause: "Michael's computer shop will not be responsible for any damage or defect to its customers' computers caused due to the negligence of its staff."On that night an employee of the shop deliberately destroyed all the computers in the shop in order to take revenge on Michael. Wade's computer is destroyed. Can Michael rely on the exemption clause to evade liability to Wade?

Select one:

a.No, irrespective of Mathew signing the service agreement it is not applicable as Mathew was not given reasonable time to read and sign it.

b.Yes, exemption clause is a term of the service agreement as Mathew signed it and is applicable to the situation. Michael can rely on the exclusion clause.

c.No, exclusion clauses do not apply to computer shops.

d.No, because the exemption clause does not cover the liability in question.