Business Law: Exclusion Clause Ranjit is a regular paying visitor to Thrillseekers Theme Park

Question: Business Law: Exclusion Clause Ranjit is a regular paying visitor to Thrillseekers Theme Park (TTP). On this particular visit, he breaks his arm when he is thrown from a ride because TTP has failed to properly maintain the safety belt. The camera he is holding is damaged beyond repair. When Ranjit seeks compensation, TTP denies liability. They highlightBusiness Law: Exclusion Clause
Ranjit is a regular paying visitor to Thrillseekers Theme Park (TTP). On this particular visit, he breaks his arm when he is thrown from a ride because TTP has failed to properly maintain the safety belt. The camera he is holding is damaged beyond repair. When Ranjit seeks compensation, TTP denies liability. They highlight a clause printed on the back of his admission ticket and displayed on a notice at the ticket office which states: Thrillseekers Theme Park accepts no liability for any loss or injury to visitors however this may arise.
1. Can Ranjit rely on the doctrine of incorporation to challenge the exclusion clause under Malaysian Law?
2. Can Ranjit rely on the doctrine of construction/interpretation to challenge the exclusion clause under Malaysian Law?
QUESTION 1 Yes, Ranjit can rely on the doctrine of incorporation to challenge the exclusion clause under Malaysian law. The doctrine of incorporation states that an exclusion clause will only be binding on a party if that party has actual or construc…View the full answer