Bodhi publishes a serles of training videos, meditation soundtracks and other resources on his personal website, to which he offers customers unlimited lifetime download access for a one-off payment of $1,200 with no limitations on use. One of the videos guides the viewer on

"spirit charging" exercises, which combine gulded breathing and rigorous stretch poses with elaborate hand and finger gestures, which the viewer Is required to hold for as long as 3 minutes at a time to

"channel their life forces"

a. Michelle, an administrative professional, pays the $1,200 dollars for access and enjoys the resources, which she downloads and uses to plan a personal fitness and spiritual wellness program which she follows for the next 12 months. Unbeknown to Michelle, the additional strain placed on her wrists from the exercises over the 12 months activates a latent case of carpal tunnel syndrome she had acquired from 11 years of employment as a receptionist in a real estate agency.

Although Michelle's workplace is sympathetic, she is eventually dismissed for a failure to meet the inherent requirements of the role - her Work Health claim is mostly rejected because her former employer makes a comprehensive submission as to the office's best-practice occupational health and safety standards (including orthotic wrist supports and chairs with height adjustable armrests), and the independent medical assessor determines that her exercises substantially contributed to the injury. Michelle expected to work for at least another 10 years, and she was permanently employed on a very generous salary.

Does Michelle have a cause of action against Bodhi?

Does Bodhi have access to any defences? (250 words, 5

marks) -