Consider the following story . . .

Joe and Nellie have just found out their son is a drug dealer. They have had the shareholders and the local parents at them trying to cause all sorts of trouble. They are both very upset. In fact, they are so very upset that they attend at the local parachute club so they can enjoy a parachute jump out of a plane. They think this will assist them to forget their troubles for a short while.

On their way to the airport where the parachute club is based, they found some of their son's drugs in the car. He had obviously left them there. They both figure "why not" and they both take one pill each, in the beleif that this will make them enjoy the parachute jump even more. Joe and Nellie arrive at the jump club slightly out of their minds on drugs.

The parachute instructor (named "Bill") explains the jump to them in great detail. He shows them everything they need to know about the jump and how to make safely. He also explains that parachute jumping is extremely dangerous and that they could get hurt or even killed doing the jump. The instructor asks them both if they fully understand the things he has said, and that this was a dangerous activity and that they could be killed or injured if anything went wrong. Joe and Nellie both say "yes, we fully understand". Bill gets them to sign a form saying they have been fully informed that the jump would be dangerous, they appreciate how dangerous it is and they agree to voluntarily jump out of the plane of their own free will.

They both get in the plane and because Nellie did not listen and do as she was told because she was out of her mind on drugs, so her parachute didn't open properly and she was killed. Joe was distraught at his wife dying in a parachute jump accident and commences action to sue Bill the parachute instructor for negligence.

Answer the following questions . . .

1. Did Bill the parachute instructor owe Joe and Nellie a duty of care? Explain why or why not.

2. Explain two (2) defences Bill the parachute instructor may have when Joe sues him.