Answer to following questions in a word limit for each question in around 700 words. Please reference all sources.
Question 1: Contract law
Wallace was a professional rugby player who plays for the Brisbane Rough Riders rugby side. During a match early in the season Wallace injures his knee. His injury is quite bad and he is advised that if he has surgery he will not be able to play for the rest of the season, but would be fit for the next preseason and season. An alternative was to resume playing after only three weeks and play out the season with the benefit of pain killing injections and other therapy.
Wallace was not contracted with the Rough Riders for the next season. Wallace was approached by his coach Ronny Rancid, who told him the Rough Riders will give him a contract for next season if he chose the second option to defer surgery. Keen to continue playing and hoping that he could continue his career he played on through the season.
A week before the season end Wallace is told by the club that he would not be playing next season for them. Desperate to play on he looks for another club but was unsuccessful. He feels that if he cannot play for the coming season no club will be interested in him.
Assuming that Ronny Rancid acted with the authority of the club, advise Wallace whether the rough riders were obliged to give him a contract for the following year.
Question 2: Contract law
Bob Baxter loves to go to theme parks on the Gold Coast. On 1st April Bob attends Wally World theme park. He stands in the queue waiting for a ticket and sees a sign above the ticket box that says, "Look at your ticket, conditions apply." Bob buys a ticket. On the front of the ticket it says, "See back" and on the back the following clause appeared,
["Any person riding on the Wally World chair lift does so entirely at their risk and assumes all risks incidental thereto. Neither Wally World or their employees will be liable for any injuries sustained in connection with riding the chair lift."]
Bob stood ready to board the chair lift. When it arrived the attendant helped Bob into a seat and pulled a safety bar down in front of him. As the chair lift started to move Bob's jacket became snagged in a guide post and tore. This was caused by the attendant as he pulled the safety bar down. The safety bar was now not properly fitting around Wallace.
When Bob was high up in the air a pigeon flew into the rides motor short circuiting the motor and causing the ride to stop. The operators of the ride had difficulties restarting it. Eventually they decide to summon the fire brigade to assist people off the ride. No one was in any danger as they waited for the fire brigade.
Bob did not like waiting and thought if he could swing the seat far enough he could jump onto a pylon nearby and descend on the metal ladder attached to the pylon. Unfortunately in trying this he missed the pylon altogether and feel through branches of a tree before hitting the ground. The branches broke his fall a bit. When Bob regained consciousness he found himself in the Wally World first aid room. He had suffered a broken leg as well as a smashed watch in the fall.
Does the exemption clause form part of the contract? Does the exemption clause cover what happened?