Jerene, Joey and Xin are international students studying for a Hospitality and Tourism degree in Melbourne. They all met at University having shared accommodation on a University sports trip to Perth. They are all crazy about sport! During the trimester break they decide to travel back to Western Australia to experience some more sporting adventures.

When they arrive in Perth, they hire a campervan and head off to the South West of Western Australia. First stop is Margaret River and they decide to stay there for a few nights at a caravan park which has a tennis court and is walking distance to the beach and a lovely restaurant ...perfect!!

After they set everything up, they decide that a game of tennis would be great fun. After about an hour of playing, Xin celebrates a winning shot against Jerene by jumping over the net in triumph.... unfortunately, his foot gets caught in a hole in the net and he actually falls over and fractures his shoulder. The hole in the netting has been there for some time and over the last few months has been getting larger. Xin's fracture is so bad that Xin must stay in hospital for several nights and then the recovery will be spent back in Melbourne. Holiday over for Xin

REQUIRED

Starting with similar cases , undertake thorough research and advise Xin with respect to the below issues. Remember that there will be two parties in potential court cases and the defendant will raise any necessary defences available.

a)Xin wishes to sue the Margaret River camping ground for his injuries claiming that they should have replaced the net or at least warned of the danger the hole in the net poses.

Start your answer by identifying the legal issues(s) raised by the question and then discuss those relevant legal issues:

Then address a), b) and c) by examining the facts of the question and apply the law above to your analysis of information:

For example: 'The legal issue(s) raised by this question include...."

Discussion of the law related to these legal issues above: "Negligencemeans.... In law, to prove negligence..... In the 1996 court case of....In defence the defendant may claim

Examine: In examining the facts of the question and applying the law (stated above in discussion), to these facts, the following is determined:

a) In the case of Xin....