MPA502 Business and Company Law Assignment
- Subject Code :
MPA502
- Country :
Australia
On 6 April 2023, Peter had a business meeting with his clients in North Sydney and looked for a car parking space. He found a car park owned by North Sydney Pty Ltd (the “Company”) in North Sydney and stopped his car at the barrier entrance to the car park. Peter noted that the parking fee was $5 per hour. He pressed a button on the automatic ticket machine just before the barrier entrance and a ticket was issued thereafter.
The following words were printed on the back of the ticket:
“Conditions of Parking
It is a condition of the issue of this ticket that vehicles are parked on these premises at the vehicle owners’ risk and responsibilities. North Sydney Pty Ltd accepts no responsibility for losses or damages to any vehicles for whatever reasons in the parking area.”
Peter took the ticket without reading it and thereafter the barrier gate rose automatically. He drove through and parked his car. When Peter returned to pick up his car, he found that it was damaged by a forklift vehicle that had been carelessly driven by an employee of the Company that day. The Company refused to accept any responsibility for damages to his car based on the exclusion clauses as stated at the back of the ticket.
REQUIRED
Advise Peter whether he can take any legal action against the Company under the law of contract. You have to provide:
- a letter of advice to Peter; and
- a diary note (or an appendix) using the IRAC method.
