Lisa and Alice arrived bright and early, ready to set off with Bart on 10 February 2019.
Question:
Lisa and Alice arrived bright and early, ready to set off with Bart on 10 February 2019. On this day Bart was a bit distracted by some personal events and misread his map. This meant that by dusk the group was kilometres off course. Bart made the decision to take a short-cut to get the group back on track, however the particular short-cut Bart picked was through terrain which was well known to be treacherous and to have rockslides occur after heavy rainfall. In the previous week, there had been double the rainfall expected for February following a cyclone off the Queensland coast. Other guides in the area were avoiding going off-track following the previous week's weather.
Whilst the group were 'bush bashing' off-track, they decided to stop for lunch in a shady area protected by a cliff above. During lunch 4 large rocks fell off the cliff above them. The group quickly ran from danger however Lisa and Alice both tripped on the rough terrain and badly sprained their ankles. One of the larger rocks landed on Lisa's backpack and her expensive camera was damaged beyond repair. The group eventually made it to a nearby village several kilometres from their intended overnight camping spot (they later found out the camp was flooded). At the village, Bart informed the group that the trip has been cancelled and "this is the end of the road for this tour". Bart called a friend to pick him up and left the village, however Lisa and Alice had no option but to check-in to the local B&B to recover and rest their ankles as it was late at night. The B&B cost $150 for the night. Upon returning home, Lisa and Alice both went to see their GP as their ankles were still inflamed and sore. Alice had scans and it turned out she had a small break which would require her to take a week off work. Lisa rang Bart to complain. Bart referred Lisa to the exclusion clause quoted above and said "too bad, these things happen".
1. Advise on a potential claim by Lisa and Alice against Springfield Guided Tours in negligence. Identify all possible negligence claims as they relate to Lisa and Alice. Specifically, you should consider all the elements required to bring a claim in negligence for injuries, loss of possessions and other additional expenses. Do not discuss any defences to a negligence claim in this part of your report.
2. Advise the exclusion clause negates liability.
Use case law examples where possible to support your arguments and cite relevant section(s) of any legislation used. The IRAC/ILAC approach should be applied in this report (see further advice below)