Billy likes to ride his BMX bike on the weekends in the bush. Billy is only 13 years old but is a good bike rider and often practices after school.

The Hornsby Bike club run competitions on the weekend and own a ramp which is used in the competitions. Kuringai Council owns the land that the ramp is built on. A sign near the ramp says

" Kuringai Council will not be liable for any injury on this ramp, no matter how it occurs"

One Wednesday afternoon Billy decided to try a few tricks using the ramp. There was nothing preventing Billy from accessing the ramp. When trying one of his tricks he fell from his bike and suffered a severe head injury. He was not wearing a helmet.

Advise Billy;

a)Does either the Council or the Bike club owe Billy a duty of care?

b)Are there any cases that assist your arguments?

c)Has either the Council or the Bike club breached their duty of care? Give your reasons.

d)Are there any defences that can be used by the Council or the Bike Club?