BUSINESS Bus53 Perry employed Alice to sell a parcel of real estate

| March 14, 2016

Howard stopped his car at the barrier entrance to a car park and an automatic ticket machine pushed out a ticket. There was a large notice attached to the barrier which read:

‘HALT! Parking at Owner’s Risk. Take Ticket from Machine.?Pay when Leaving.’

Howard put the ticket in his pocket without looking at it and the barrier went up automatically. Howard drove into the car park and parked his car. When he returned to go home, he found it flattened beneath a large concrete pipe which had fallen from a crane owned by the parking station proprietors working on an adjacent building.

The parking ticket had the following notice printed on it:

‘CONDITIONS OF PARKING

It is a condition of the issue of this ticket that vehicles are parked on these premises at the owner’s risk and responsibility. The proprietors of this car park accept no responsibility for loss or damage to vehicles in the parking area whether caused by negligence or in any manner whatsoever.’

Discuss the enforceability of the notice in relation to the common law of contract.

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