On Friday, March 7, 2025, Maria purchased tickets over the phone for herself and her ten-year-old son, Marco, to visit Tuna Park, a popular theme park in Melbourne.

When Maria and Marco arrived at Tuna Park the next day, she was asked to fill out a form and sign it. When she asked what it was for, the staff member said it was for registration purposes and a chance for her to go in a lucky draw to win $1000. The form, however, included the following exclusion clause:

Tuna Park is not liable for any injury to you or the ticket holder, whether caused by your actions or the actions, omissions, or negligence of others.

This was the first time at Tuna Park for Maria and Marco, so they decided to start their visit with a ride on the theme park's main attraction: a famous and fast roller coaster. As the roller coaster reached its maximum speed (about 100 km/h), a sudden and violent jolt threw the riders against the safety restraints. Unfortunately, the unexpected jolt caused Marco serious injury and a broken shoulder, requiring surgery.

An investigation later revealed that the sudden stop was caused by a malfunctioning braking system that had been negligently maintained by an employee of Tuna Park.

YOUR TASK (10 marks) 

Last week, you started working at Tuna Park. This morning, you received an email from your supervisor seeking your opinion on the effects of the exclusion clause in relation to the roller coaster ‘incident’ (involving Marco), in preparation for a meeting with Tuna Park’s lawyer. Use relevant cases from contract law. 

(Do not refer to termination or remedies. Also, do not discuss the Australian Consumer Law or tort law.)