business law course

Anna operates "Great Adventures" a white water rafting business in Cairns, Queensland. Great Adventures provides day tours for fee paying customers to participate in white water rafting on the rapids along the Tully River near Cairns. All safety equipment (including helmet and life jacket), the raft and paddles are supplied by the business. Each raft is always accompanied by a volunteer guide who is highly trained and extremely knowledgeable in white water rafting. The cost for a day trip is $200 per person. Prior to embarking on the raft, each client has to sign off on an indemnity form that stipulates that the client understands and accepts all the risks associated with this activity and will not hold Great Adventures and/or any volunteer guide liable for any loss or damage whatsoever and/or howsoever caused. One day, Beth a volunteer guide is assigned to a raft to accompany Charlie a fee paying customer of Great Adventures. Charlie signs off on the indemnity form, puts on his safety gear and hops into the raft with Beth. Midway through the journey, Charlie panics when he thinks he sees a large crocodile approaching them (which is in fact a floating log). He stands up despite warnings from Beth to sit down and the raft flips over. He is thrown overboard and is swept away by the strong, swift river currents. After about 10 minutes being carried downstream by the rapids, his left leg gets stuck between submerged rocks. He suffers serious injuries to his leg as a consequence. Beth in the meantime is able to restore the raft back on the proper side and slowly makes her way to Charlie. She was keen to be extra careful whilst paddling so that the raft would not flip over again due to the hazardous conditions at the time. She eventually rescues him and brings him to the hospital for treatment. It is likely that Charlie's foot would not have been caught in the rocks had she reached him sooner. Charlie has now been fully discharged from hospital. He brings legal proceedings against Beth alleging that Beth has been negligent. Charlie is unable to move around without the assistance of a wheelchair. All medical expenses associated with the incident are also being claimed by him. REQUIRED Advise Beth whether there is a possible defence against the action brought by Charlie. Refer in your answer to any relevant sections of the Civil Liability Act 2003 (Q Id). [750 words. 15 marks] Anna operates "Great Adventures" a white water rafting business in Cairns, Queensland. Great Adventures provides day tours for fee paying customers to participate in white water rafting on the rapids along the Tully River near Cairns. All safety equipment (including helmet and life jacket), the raft and paddles are supplied by the business. Each raft is always accompanied by a volunteer guide who is highly trained and extremely knowledgeable in white water rafting. The cost for a day trip is $200 per person. Prior to embarking on the raft, each client has to sign off on an indemnity form that stipulates that the client understands and accepts all the risks associated with this activity and will not hold Great Adventures and/or any volunteer guide liable for any loss or damage whatsoever and/or howsoever caused. One day, Beth a volunteer guide is assigned to a raft to accompany Charlie a fee paying customer of Great Adventures. Charlie signs off on the indemnity form, puts on his safety gear and hops into the raft with Beth. Midway through the journey, Charlie panics when he thinks he sees a large crocodile approaching them (which is in fact a floating log). He stands up despite warnings from Beth to sit down and the raft flips over. He is thrown overboard and is swept away by the strong, swift river currents. After about 10 minutes being carried downstream by the rapids, his left leg gets stuck between submerged rocks. He suffers serious injuries to his leg as a consequence. Beth in the meantime is able to restore the raft back on the proper side and slowly makes her way to Charlie. She was keen to be extra careful whilst paddling so that the raft would not flip over again due to the hazardous conditions at the time. She eventually rescues him and brings him to the hospital for treatment. It is likely that Charlie's foot would not have been caught in the rocks had she reached him sooner. Charlie has now been fully discharged from hospital. He brings legal proceedings against Beth alleging that Beth has been negligent. Charlie is unable to move around without the assistance of a wheelchair. All medical expenses associated with the incident are also being claimed by him. REQUIRED Advise Beth whether there is a possible defence against the action brought by Charlie. Refer in your answer to any relevant sections of the Civil Liability Act 2003 (Q Id). [750 words. 15 marks]