Duty of care

Peter and Adele may be able to claim in negligence against Wellness and Fitness Pty Ltd. The company owed both of them a duty of care.

The duty of care owed by Wellness and Fitness Pty Ltd to Peter and Adele would be based on the principles set out in the case of Donoghue v Stevenson [1932] AC 562. The company would need to have taken reasonable care to avoid acts or omissions which could reasonably be foreseen to injure the plaintiffs.

In this case, it could be reasonably foreseen that if Adele was not given a vegetarian option, she would be forced to eat non-vegetarian food. It could also be reasonably foreseen that if Peter was not given proper instruction on how to use the cooking facilities, he could be injured.

Standard of care

The standard of care owed by Wellness and Fitness Pty Ltd to Peter and Adele would be based on the principles set out in the case of Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. The company would need to have taken reasonable care to avoid acts or omissions which could reasonably be foreseen to injure the plaintiffs.

In this case, it could be reasonably foreseen that if Adele was not given a vegetarian option, she would be forced to eat non-vegetarian food. It could also be reasonably foreseen that if Peter was not given proper instruction on how to use the cooking facilities, he could be injured.

Damages

If Peter and Adele are successful in their negligence claim, they may be awarded damages for their injuries. The amount of damages awarded will depend on the extent of their injuries.

In this case, Adele may be awarded damages for her post-traumatic stress disorder. The amount of damages awarded will depend on the severity of her condition.

Peter may be awarded damages for his snake bite and for the injuries to his hand. The amount of damages awarded will depend on the severity of his injuries.

Causation

In order for Peter and Adele to be successful in their negligence claim, they will need to show that their injuries were caused by the company's breach of duty.

In this case, it will need to be shown that Adele's post-traumatic stress disorder was caused by the company's failure to provide a vegetarian option. It will also need to be shown that Peter's snake bite and hand injuries were caused by the company's failure to provide proper instruction on how to use the cooking facilities.

Defences

There are a number of defences that Wellness and Fitness Pty Ltd may raise in this case.

The company may argue that Peter and Adele assumed the risk of injury when they decided to go on the camp. The company may also argue that Peter and Adele contributed to their own injuries by not following the instructions on how to use the cooking facilities.

Cares liability

Wellness and Fitness Pty Ltd may also be liable under the Civil Liability Act 2002 (NSW) for the injuries suffered by Peter and Adele.

Under the Act, a person who owes a duty of care to another person is liable for the death or personal injury of the other person if the death or personal injury is caused by the breach of duty.

In this case, it will need to be shown that the company's breach of duty was the cause of Peter's snake bite and Adele's post-traumatic stress disorder.