Ruawai Maaka runs a collectables store in Melbourne, specialising in television and movie memorabilia. Ruawai's stocks o

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Ruawai Maaka Runs A Collectables Store In Melbourne Specialising In Television And Movie Memorabilia Ruawai S Stocks O 1 (57.79 KiB) Viewed 28 times

Ruawai Maaka runs a collectables store in Melbourne, specialising in television and movie memorabilia. Ruawai's stocks of action figures are purchased from Action Supplies, an action figure wholesaler. On 4 April, Ruawai places an order (by telephone) for a large shipment of vampire action figures. On 11 April, the delivery arrives, but to Ruawai's surprise and dismay, his order has been incorrectly packed. It consists entirely of werewolf action figures, rather than the vampire action figures that were ordered. Ruawai contacts Action Supplies and lets it know about the incorrect delivery. Action Supplies admits the mistake, but refers Ruawai to the 'liability clause that was included on the packing sheet that was sent with the delivery. That clause reads: 'Action Supplies is not responsible for any breach of contract associated with delivery, including, but not limited to, the lat arrival of shipments: Action Supplies tells Ruawal that even though there was a mistake made regarding the type of action figures supplied, the liability clause' acts as an exclusion clause and protects it from liability under the law of contract. Can Action Supplies rely on the 'liability clause' clause (an exclusion clause) to avoid liability, according to the law of contract? Do not discuss the Australian Consumer Law. Please refer to any relevant legal cases and/or legislation to support your arguments, and ensure that you fully explain your answer. Type your answer in the box below. (4 marks.)