Australian Consumer Law : Exclusion Clauses Essay

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Australian Consumer Law: Exclusion Clauses Table of Contents Introduction 3 Sydney City Council v West 3 Thornton v Shoe Lane Parking Ltd 4 Similarities and Differences in the Rulings 4 Relation to Current Australian Legal Position under Australian Consumer Law 5 Conclusion 6 References 8 Introduction As far as the Australian Contract Law goes, it can be said that an exclusion clause becomes invalid in any contract if it extends its scope in such a way that it avoids liability for conduct beyond the scope of the contract in any way . This has changed in several ways over the years. This concept shall be discussed in this paper taking into account two Australian Case law namely Sydney City Council v West and Thornton v Shoe Lane Parking Ltd. upon a discussion of the cases, the similarities and differences in the rulings shall be analyzed and a relation of these cases to the current Australian Legal System shall be established. Sydney City Council v West West arrived in a car park and was thereon given a ticket which contained a clause that disclaimed responsibility and was found to be worded too widely. It was also stated that unless the ticket is presented, the car shall not be allowed to be picked up. Subsequently, West 's car was stolen, and the Council relied on the exclusion clause to refrain from any liability that lay on them. It was held that to establish the validity of an exclusion clause, one need to look into the matter of construction and analyze
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