Anania is an apprentice with H&M Constructions and has been working under the supervision of Mari, the Principal Contractor, for about four weeks on a construction project for Muhammad Ali's first home in Springvale, Victoria. On 26^th May 2023 while climbing up the building scaffolding, Anania noticed that the scaffolding below him was breaking. In trying to avoid falling with the scaffolding, Anania jumped down from about five metres up. Anania landed on broken glass that cut his hands and face. Anania also suffered a broken back. Anania was not wearing work appropriate gloves.

Although feeling bad for Anania, Mari says that it's Anania himself who had improperly fixed the scaffolding. Anania says that he was inexperienced and that that was the first job he did on his own at the building site.

Anania wants someone to be held liable for his injuries.

1. Discuss whether and why H&M Constructions or Mari can be held liable for Anania's injuries. (10 marks)
2. Discuss whether the Defendant might successfully raise a defence in this case (10 marks)
3. What possible arguments would Anania raise in response to the Defendant's argument that a defence exists? (10 marks)