Arnie is 19 years old and he, with four of his friends attend the local beach on the river owned by the Jumbuck Council. There is a rope attached to a branch of the tree that is used to swing out allowing persons to jump into the deeper water of the river.

On this day Arnie had swung out several times but on the fourth occasion he did not release the rope early enough and fell close to the bank of the river breaking his leg.

The Jumbuck Council has a sign on the beach that says "No swinging or jumping from trees near the river. Council will not be liable for any injuries"

a)Does the Jumbuck Council owe Arnie a duty of care? Why?

b)If the Council does owe a duty of care have they breached their duty?

c)Are there any cases that assist your arguments?

d)Does the Council have any defences?