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It is general contract law that once two parties agree on the terms and conditions of the contract then the contract is binding on both parties and a breach by one party of those terms and conditions awards the other the right to sue and claim remedies for the breach. In the current situation Jadye is an adult who registered for the Tour UpandOver bike ride from Glenelg to Victor Harbour over the internet. She accepted the offer made by the organizers of the event and entered into a contract with them on completion of the registration process and payment the start (Fitzpatrick et al 216). It is however important to point out that there has been increased concern in Australia over the provision of terms and conditions in fine print especially with the increased formation of contracts over the internet. There has been a call for consumer protection laws to be amended to protect consumers from terms and conditions given in fine print in an attempt to cover some worrying conditions as is the case in this instance. References Top of Form Fitzpatrick J. F. Symes C. F. Veljanovski A. & Parker D. (2016). Business and corporations law.Bottom of Form [...]

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Jayde, a physiotherapy student at Flinders University, is also a top-ten listed tri-athlete in South Australia. She has determined that 2017 is the year that she can make the national selection trials and has been entering fun runs and community bike rides as part of her training program. Last July she entered in the Tour UpandOver bike ride from Glenelg to Victor Harbour. Registration for the ride was done over the internet. To complete her registration she was required to attend at the Tour’s office in Adelaide and collect her “ride pack” which included identity tags and various aides such as a drink bottle and food vouchers that could be used during the ride. It was at this time that the payment of $66.00 was due to be paid. During a lecture break, she attended at the office, collected the ride pack, and paid her registration fee. Upon her signing her credit card debit note, she was told, “You are aware of the conditions!’ She replied, “Of course!” The ride day came and Jadye set off as part of a crowd of around 5,000 cyclists. The cyclists were of vastly varying experience, from novices through to professionals. At the starting line, the event marshals made it clear that the ride was not a race. The course took the riders over the Adelaide hills and then onto Victor Harbour. As Jadye approached the ascent up to Stirling a rider in front of her fell from his bike causing a group of riders to fall including Jayde. Jadye suffered an injury that required her to be hospitalised for a week and has caused her to put her tri-athlete ambitions on hold. The person who fell was in the previously 30 minutes twice stopped by event marshals (as he looked fatigued) and asked if he wished any assistance. He refused on both occasions. The marshals are authorised by the ride rules to remove participants at their discretion. Jadye, reluctantly comes to seek your advice as to whether she can make any claim against the Tour UpandOver. The following come to light upon investigation. Registration over the internet involved ticking a box confirming that the participant agreed to terms and conditions on the Tour UpandOver website. Jadye ticked the box but did not go onto the website which was down on the day she registered. In the “ride pack” there was a leaflet setting out the terms and conditions which included the following:- “27. Riders ride at their own risk. While Tour UpandOver will take care to make your ride safe, injuries can and do occur at ride events and Tour UpandOver cannot take responsibility for any negligence on the part of the tour organizers, their officers or other riders. You should take appropriate insurance against the risk of any injury or loss.” This clause was in the print size above and near the end of the double-sided leaflet. Please advise Jadye carefully as to whether the contract prevents her from pursuing a claim for negligence against the Tour operators. If you decide that she has no rights to sue please explain why. Would your answer be any different if Jadye was 17 years of age when the ride took place? You are not required to consider the law of negligence in your answer and may assume that if she could sue the Tour UpandOver would be liable in negligence.

Subject Area: Law

Document Type: Dissertation

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Words 825

Pages 3

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