Jarrod runs a company called "Big Boot Camp". The company arranges weekends where participants engage in various high level physical activities over two days. These activities include rock climbing, hiking and river swimming.

Gordon is participating in a difficult hike on the Saturday and whilst going over a narrow rope bridge he slips and falls onto rocks below breaking his leg. There was no warning regarding the narrowness or instability of the rope bridge.

Jarrod advises all participants before they set off, that his company will not be liable for any injuries sustained while participating in the hiking.

Gordon wishes to sue "Big Boot camp" for damages for his broken leg including negligence in not warning of the narrowness or instability of the bridge.

Advise Jarrod

a) What arguments can Jarrod use in defending the case brought by Gordon?

b) What cases and legislation could Jarrod rely upon?

c) What provisions of the legislation would be most relevant?

d) If Jarrod had known for some time that the bridge had become very unstable and required urgent repairs would that change your answer?