Andrew, a 17 zear old university student decided to hold a post exams party for his friends.

Andrew asked Kath, a family friend and the owner of 'Kath's Katerers' to supply food and drinks to the party at a cost of 3000 AUD. Kath agreed and on the date of the party arrived at Andrew's house with the ordered food and drinks.

One hour earlier, Andrew has gone to an ice vending machine to buy several lots of ice to keep the party drinks cool. When Andrew was collecting the ice the vending machine malfunctioned and unexpectedly a block of ice fell from the machine breaking 3 of Andrew's fingers. The machine had a large notice on it stating: Persons using this machine do so at their own risk.'

Andrew had to go to the hospital. He cancelled the party and sent a message to Kath to take back the food and drinks he had ordered telling Kath party could not be held.

Kath wants payment of 3000.

Andrew refuses to pay and wants to sue the owner of the vending machine for damanges for breach of contract.