Facts

In happier pre-Covid19 winters, many Victorians would spend their holidays frolicking in the snow at Apres Ski Resort ('ASK') at Slips Creek. Marcus Lee, a wealthy Singaporean had arrived to study at BIB in the winter of 2018 and was keen to try his hand at skiing, having never experienced snow at first hand. Although Slips Creek offered ski lessons, Marcus didn't want to waste time and so he made his way to the chairlift. He strapped on his skis and managed to jump on to the chair lift when it paused at the bottom of the slope to collect skiers in order to ascend the mountain. When the chairlift stopped at the top of the mountain, there was approximately 3 seconds to dismount from the chairlift and ski away before the chairlift did a U-turn and returned on its loop down the mountain. Marcus managed to successfully ski away from the chairlift but could not control his direction and crashed into nearby garbage bins. The bins fell over, rolled down the mountainside and crashed into a holiday cabin below. The force of the crash dislodged a heavy fall of snow from the roof which tragically buried poor Amy Ablett, a 4-year old girl who had been playing outside the cabin while her parents watched Netflix inside. Amy suffered a brain injury due to suffocation and Amy and her parents are suing Marcus in the tort of negligence for $1m.

Your task

You are the judge in the case ofAblett v Lee. It is your task to write the judgment. by applying the principles of negligence law as found in the case law andWrongs Act 1958(Vic).

Please ensure you are familiar with the grading rubric.