INDIVIDUAL ASSIGNMENT

Individual Assignment

Individual Assignment

Introduction

This paper intends to provide an overview of Australian business law. The case chosen for the purpose of discussion in this paper related to the car driving scenario. Jones was injured due to the construction mistakes at the Smith's Parking. The conditions were displayed on a pillar away from the garage and in order to Jones becoming aware of the conditions; she would have needed to park the car into the garage and walked around the pillar; which she obviously did not do. Now Jones is claiming damages for her injuries from the garage; whereas the car parking company suggests that they are not liable because they have clearly printed the conditions which include that the car parking company would not be liable for any injury to customers within the premises. The purpose of this paper is to apply the IRAC method to answer the question within the context of business law prevailing in Australia. The paper will make the reader aware about the significance of applying business laws in such situations and will also make the customers and companies both aware of their legal rights and duties to be fulfilled. The paper would answer the question “Could the car parking company successfully rely on the exemption clause to protect it from any action by Jones?”

Issue

Jones drove her car into Smith's parking's new automatic car park for the first time. There was a sign outside the car park that listed the various charges and stated that owners parked at their own risk. When she drove up to the ticket machine, Jones was issued with a ticket. She then drove into the garage, where her car was mechanically parked. Jones was injured when she returned later to collect her car, and she claimed damages from the garage.

The car parking company attempted to rely on a condition exempting it from liability. On each ticket, in small print, were the words 'Issued subject to conditions ... displayed on the premises'. On a pillar opposite the ticket machine were printed eight conditions, the second of which exempted the car parking company from liability for any injury to a customer on the premises. Jones would have needed to have parked her car in the garage and walked around to the pillar to have read the conditions.

The basic issue in this case is to assess the significance of different laws prevailing within the Australian jurisdiction. The different provisions within the Australian law need to be focused for the purpose of solving or providing opinion over the case of Jones and Parking Company. The laws which become relevant to the case are Australian business law, Australian Consumer Law, Australian Competition and Consumer Act 2010 and tort law. All these laws intend to provide an underlying protection to the consumers making sure that the rights of consumers are not violated (Pendleton & Vickery, 2005 Pp. 7-9).

Rule

There are certain rules which provide important information in relation with the conduct of business ...