Bruce sells boomerangs to tourists who travel to his boomerang shop in western New South Wales. To show people how to throw a boomerang properly, and to help sales, he often takes tourists to the local park where he does boomerang throwing demonstrations. Bruce always tells his tourists to stay behind a line he draws in the sand, so they are out of range of any boomerang that he is throwing. People in the vicinity often stop to watch, and Bruce doesn't mind as they might also decide to buy a boomerang from his shop. One day, however, one of the people in the tourist group is injured when they wander across the line and away from the group, and are hit by a boomerang that Bruce has thrown. Later that day, a spectator who has stopped to watch the demonstration is also injured by a boomerang Bruce has thrown. Bruce is not having a good day!

1. Can the injured tourist make a claim against Bruce for breach of tort? What tort has been breached?

2. Can the injured spectator, who is not in the tourist group, make a claim against Bruce? Why?

3. What defences can Bruce raise to defend the claim by the injured tourist, and by the injured spectator who was not in the tourist group?

4. What impact could the defences raised by Bruce have on the remedy that the court might award to the injured tourist, and the injured spectator?