Adele was the CEO of Purity Software Ltd, and her brother, Peter, was employed in the IT department. They decided to go on a three-day camp organised by Wellness and Fitness PTY LTD.

Adel looked at the cooking facilities and realised she was expected to build a fire to warm the prepared meal, a lamb stew. Adele was not happy about this as she had told Wellness and Fitness Pty Ltd she was vegetarian.

When Peter tried to take the billy can off the fire using two sticks he struggled. One of the sticks caught on fire and Peter was not fast enough in taking the billy can away from the fire. He dropped the billy can into the fire and it overturned. He also flung the burning stick aside. Peter was not feeling very well, but he put that down to the pain in his hand. However, during the night his temperature rose, and his breathing became laboured. By first light it was obvious Peter was very ill, and was disorientated. Peter was taken to the local hospital, where it was discovered Peter's leg was swollen and there were two distinct puncture marks in the swelling. Clearly Peter had been bitten by a snake. A general anti-venom injection was given by the emergency doctor. Peter reacted badly to this injection, and was airlifted to a Sydney hospital. He was showing signs of an allergic reaction. No one at the local hospital checked Peter's hand.

Adele develops post traumatic stress disorder and is not capable of running the company. She steps down as CEO, forgoing her $320,000 per annum income. She can work from home but does not feel able to go into a workplace. She is now earning around $200 per week. This means she cannot keep her harbourside mansion as she cannot meet the mortgage repayments. She sells this and can only afford a small one bedroom apartment as no bank will give her a mortgage with her current income. She lets go her cleaning lady, as there is insufficient rooms to be bothered with a professional clean, and she really couldn't afford her any longer.

Peter does eventually fully recover from his snake bite but develops ophidiophobia, which is an extreme and overwhelming fear of snakes. His burnt fingers, on the other hand, do not heal as they should. This may have been because they were not looked at in a timely manner. He needs several skin grafts and further treatment for his left hand. He is taking pain medication, and will have to continue with this until at least after all operations. He played the electric guitar in a reasonably successful band, but due to the damage he is unable to play any instrument. He may never recover the full use of the muscles in his hand and fingers. His band was regularly booked so he has now lost that income, which was $1,000 a week. He also struggled at work, with typing on a keyboard. He tendered his resignation. He is struggling to find other employment.

Using the following headings Advise peter as to any claim they may make in negligence based on these facts. Advise advise Peter as to how damages for personal injury will be assessed, should he be successful. Refer to relevant sections of the Civil Liability Act 2002 (NSW) and relevant case law in your answer. You are not required to calculate actual damages

Duty of care Standard of care Damages Causation Defences Cares liability