answer for this? CT Aflerican Car Sales about trhis issue Advise Belinda of her

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answer for this?

CT Aflerican Car Sales about trhis issue Advise Belinda of her contractual rights Ct:187 or has arent CLUSION CLAUSES ny book a bus tour going from Melbourne to the Hunter Valley region for a short holiday with Hunter Busline. They purchase their kets 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 3. will and Jenny tic 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. damages for her injury and the loss of enjoyment of her holiday. contracts Advise Jenny whether she can successfully sue the Hunter Busline for 9 (SA)ss 4. Explain how the Australian Consumer Law has changed terms implied into Terms of Contract and Capacity of Parties |263

Explanation / Answer

3.

Here, the matter is if the exclusion clause will be holding against Will and Jenny being consumers who have signed the documents. When we talk about signed documents, the rules of common law relating to them is that a party is deemed to have read and accepted all the contract terms when signing,including any exclusion clauses(L’Estrange v Graucob Ltd).

However if an exemption clause has been misrepresented, then the clause loses its effectiveness (Curtis v Chemical Cleaning & Dyeing Co). Most of it also depends on what the consumer has thought the document to be, whether a contract or a docket merely.

A court may consider if it was reasonable for a person to believe that a document contained terms of a contract, or whether the terms were brought to the knowledge of the consumer (Causer v Browne, Thornton v Shoe Lane Parking).

A contra proferentem rule is likely to be applied by the courts , and the effect of an exemption clause is read down. Most exemption clauses that attempt to exclude a provider from his legal duty in providing a service with due care and diligence, are void under the ACL.

4)

The Australian Consumer laws are having an impact on the Standard Form contracts that have unfair Contractual terms in their contracts. The Act has provides for the national unfair contract terms regime, and enforces new penalties, powers and various provisions for consumer redress.

The provisions of unfair contract terms will apply to all the consumer contracts in a standard form, for the supply of goods or services. So the providers or suppliers of goods or services, providers of financial services/products that are acquired majorly for the consumer’s personal or house hold use, are recommended to review their terms of the contracts and ensure that they are not having any terms that are “unfair” in nature as per the Act. This review by them is going to safe guard them against the penalties that the new Act has empowered the ACCC and ASIC with. Also any unfair term in the contract will be considered void.

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