Question
Jelly Fish Bay is a popular local swimming spot managed by a government department, Pacifica Conservation Department (PCD). During the daytime between the hours of
Jelly Fish Bay is a popular local swimming spot managed by a government department, Pacifica Conservation Department (PCD). During the daytime between the hours of 7.00 am to 4.00 pm PCD would pay a lifeguard to patrol the waters and the cliff that overlooked Jelly Fish Bay. However, during summertime to escape the heat it was not uncommon for locals to go swimming in Jelly Fish Bay after 4.00pm. Peter and Martin jumped into the water at Jelly Fish Bay. Still not feeling well, Joseph wandered off into the dark and walked to the top of the cliff that overlooked Jelly Fish Bay. The ground under Joseph's feet was unstable owing to a large amount of rain in the area that week. The unsteady ground caused Joseph to trip when he was walking close to the cliff's edge. Joseph fell 7 meters onto rocks below and suffered serious spinal and head injuries. There had been a sign at the main entrance at Jelly Fish Bay prohibiting swimming after 4.00pm, but the large amount of rain had washed the sign away.
Note:
Josepha had been intoxicated.
Advise Joseph whether or not he has a claim in negligence against Pacifica Conservation Department.Please explain using the IRAC method!.
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