Hi, I need help to write full answer for this question. thanks

Jessie is a personal trainer who believes in the motto "Go hard or go home." Jane is new to exercise and her doctor has recommended she see a personal trainer to improve her health.

One day she sees a flyer for Jessie's services. The flyer says that Jessie can "Whip you into shape in 2 weeks and I personally guarantee you will be healthier and more energetic from day one."

Jane decides to give Jessie a try and books a time. On the way to Jessie's personal training gym, Buff & Tuff she decides to buy an energy drink for the workout. There is a vending machine on the way and she feeds in a $5 note for the $4 drink. The machine takes her money and does not dispense a drink.

Upset at having no drink, Jane finally arrives at Buff & Tuff. As part of the introduction, Jessie has Jane sign a document that outlines the costs of services and commits Jane to 4 weeks of personal training. The document also requires Jane to confirm she has had a medical examination and is fit to exercise, as some forms of exercise can trigger heart problems. The document also states that exercise can cause soreness and in rare instances, injury. Jane signs the document.

Jessie has Jane begin by performing an advanced technique, a kettle bell weight swing.

Unfortunately, Jessie is not paying full attention to Jane - he is distracted when he catches a glimpse of himself in the mirror and commences "flexing". Jane, tiring badly and unused to exertion, forgets correct technique and swings the kettle ball weight in a wild, gyrating arc, losing her grip in the process. The weight flies upward, catching her under the chin and knocks her out.

While in hospital, Jane is X-rayed and discovers she has dis-locatable shoulders, something she did not know and would not have been uncovered in a normal health assessment. It was this condition that allowed for the wild kettle bell swing, which would have occurred irrespective of Jessie's supervision.

Jane requires surgery for a broken jaw which costs $18,000 and misses 6 weeks of work losing $9,000 in wages. She does not feel healthier or more energetic.

Write a memo to the manager of Buff & Tuff, outlining if the gym is liable for negligence. Your memo must apply the ILAC method, where possible. Focus your answer on the steps required to show if someone is negligent.

You do not need to cover defences. Be clear on the plaintiff and defendant and the particular incident you are analysing in the action as well.

Answer:

Negligence:

oR1: Duty is owed

(Reas. Forseeability Donoghue v Stephenson; and

Salient features of the case (Pere v Apand).

oR2: Duty is breached

s 9 CLA;

Emphasize burden of taking precautions is low

oR3: Causation/Scope of liability

S11 CLA

Causation is not established - would have happened even if he was not careless. Fails the "but for" test.

Overall conclusion: Not negligent due to lack of causation.