Lydia went with her mother to a horse-riding farm known as "Giddy up." Lydia's mother asked for a gentle horse as Lydia had only ridden once before. There was a sign that said all riders must wear a helmet. There was nothing else written on the sign Lydia was shown to a horse known as "Gentle Jack" who had always been used for children and inexperienced riders because of his calm temperament. He had never had any previous incidents with riders. Lydia mounted the horse wearing a helmet. "Gentle Jack" had only travelled a short distance when a loud horn from a four-wheel drive vehicle driven by Len startled "Gentle Jack" and he started galloping. The horse galloped under a low hanging rope between power poles hitting Lydia knocking her off the horse resulting in her breaking her leg.

a) Does the horse-riding farm owe Lydia a duty of care? Give your reasons.

b) Are there any defences under NSW Legislation?

c) Do any cases assist with your argument?

d) If a sign at the entrance stated that "Giddy up" will not be liable for any injury or damage whatsoever" would that alter your answer?