I have some confusion with my Business law question.
can some one help to figure it out.
James has been parking in the same Melbourne multi-level car park for years. While prices have gradually risen, for the last year James has been paying $16 per day for parking.
When he drives in, he obtains his ticket by pressing a button on an automated entry gate. He then finds a vacant space to park his car and walks from the car park to work.
When James returns to the carpark, he first inserts his ticket into an automated 'payment machine' at the back of the car park, on the same level as the entry and exit gates. The automated payment machine displays the price for parking, and James inserts his credit card to make the payment. The ticket is then ejected from the machine, and James then takes the ticket with him to his car, drives to the exit gate, and then inserts the paid ticket into another machine at the exit gate to allow the car to exit the car park. (That machine lifts a 'boom gate' that is there to prevent cars from leaving the car park without a paid parking ticket).
Prices are displayed just behind the entry gate, in full view of cars entering the car park. The price sign also says "For terms and conditions see the reverse of your ticket". James has never turned over his ticket but if he had, he would have seen the words "This ticket is issued subject to the terms and conditions displayed in the car park". This refers to a very small sign at the back of the car park, on the ground level, on the wall next to the automated payment machine.
This sign contains around 50 lines of text, in a very small but visible font. About halfway through the text, the sign contains the following sentence: "Lost tickets will cost $100 regardless of the reason for loss". James had noticed the sign previously but had never read it because he did not think it was important.
James has lost his ticket. He pressed the help button on the payment machine and spoke to an employee of the car park. The employee told him that the lost ticket would cost $100 and referred James to the terms and conditions on the sign.
Giving full reasons, advise James whether he is liable to pay $100 for the day's parking.
can some one help to figure it out.
James has been parking in the same Melbourne multi-level car park for years. While prices have gradually risen, for the last year James has been paying $16 per day for parking.
When he drives in, he obtains his ticket by pressing a button on an automated entry gate. He then finds a vacant space to park his car and walks from the car park to work.
When James returns to the carpark, he first inserts his ticket into an automated 'payment machine' at the back of the car park, on the same level as the entry and exit gates. The automated payment machine displays the price for parking, and James inserts his credit card to make the payment. The ticket is then ejected from the machine, and James then takes the ticket with him to his car, drives to the exit gate, and then inserts the paid ticket into another machine at the exit gate to allow the car to exit the car park. (That machine lifts a 'boom gate' that is there to prevent cars from leaving the car park without a paid parking ticket).
Prices are displayed just behind the entry gate, in full view of cars entering the car park. The price sign also says "For terms and conditions see the reverse of your ticket". James has never turned over his ticket but if he had, he would have seen the words "This ticket is issued subject to the terms and conditions displayed in the car park". This refers to a very small sign at the back of the car park, on the ground level, on the wall next to the automated payment machine.
This sign contains around 50 lines of text, in a very small but visible font. About halfway through the text, the sign contains the following sentence: "Lost tickets will cost $100 regardless of the reason for loss". James had noticed the sign previously but had never read it because he did not think it was important.
James has lost his ticket. He pressed the help button on the payment machine and spoke to an employee of the car park. The employee told him that the lost ticket would cost $100 and referred James to the terms and conditions on the sign.
Giving full reasons, advise James whether he is liable to pay $100 for the day's parking.
