Summary
In Western Australia, a waiver for snake handling can be void if theres fraud, misrepresentation, duress, or if it contravenes public policy. Indemnity waivers are scrutinized for clarity and fairness, especially if they attempt to exclude liability for gross negligence or use vague language. Courts have invalidated waivers lacking informed consent or those that are overly broad. Recent trends show a focus on ensuring waivers do not exclude liability for gross negligence or intentional harm. For recent case law, consulting a lawyer is advisable as it requires access to legal databases.Full Conversation
In Western Australia what will render a waiver for snake handling void according to the court?
In Western Australia, a waiver for snake handling may be considered void by the court if:
- There is evidence of fraud or misrepresentation.
- The waiver was signed under duress or undue influence.
- The waiver is against public policy or illegal.
- The waiver lacks informed consent due to inadequate information.
Is there a specific detail or scenario related to your question that you can share?
what does the court consider to be to broad in terms of a indemnity waiver?
In Western Australia, an indemnity waiver may be considered too broad by the court if it:
- Attempts to exclude liability for gross negligence or willful misconduct.
- Includes vague or overly expansive language that is unclear.
- Seeks to waive rights that are non-waivable by law.
- Fails to specifically inform the signer of the risks involved.
Is there a particular situation or clause in the waiver you're concerned about?
according to caselaw?
In Western Australia, courts have considered indemnity waivers too broad in various cases. Here are some key points based on case law:
- Wallis v Downard-Pickford (****rth Queensland) Pty Ltd (*): Overly broad waivers can be void if they attempt to exclude liability for gross negligence.
- Darlington Futures Ltd v Delco Australia Pty Ltd (*): Waivers must be clear and precise; vague language can render them unenforceable.
- Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (**** *) (*): Misrepresentation or lack of informed consent can invalidate waivers.
Can you provide more details about the waiver in question?
what about in terms of recent cases?
In terms of recent cases in Western Australia, courts have continued to scrutinize indemnity waivers for their fairness and clarity. Here are a few general points based on recent trends:
- Courts are increasingly focused on ensuring waivers do not attempt to exclude liability for gross negligence or intentional harm.
- There is an emphasis on clear, specific language that adequately informs the signer of the risks involved.
Is there a specific recent case or detail you are looking for?
no i need to know recent cases in the last five years say
Can you provide more details about the specific type of recent cases you're interested in within the last five years? This will help me narrow down the information.
no
You might need to consult a lawyer for detailed and specific case law research within the last five years. Recent case law often requires access to legal databases, which a lawyer can assist with.
Is there anything else you'd like to know?
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