Question
Macka and Benno visit Miami beach at the Gold Coast and go to a surfing shop next to the beach called Surfit. Surfit rents surfboards
Macka and Benno visit Miami beach at the Gold Coast and go to a surfing shop next to the beach called "Surfit". Surfit rents surfboards to people who want to surf in the ocean for $20 a day and is owned and managed by Dazza Mangle, a famous ex-surfer and surfboard maker. Macka and Benno ask Dazza if surfing is dangerous. Dazza replies to them "You should be safe today, because the surf conditions are very calm". Macka and Benno say "Great" and then each hire a surfboard made by Dazza, go to the beach with their hired surfboards and start surfing in the ocean. Thirty minutes later, Macka is surfing a wave when suddenly his surfboard breaks in half and Macka is violently thrown into the water. Macka then swims into shore and discovers that his shoulder has been dislocated from the impact. At the same time, Benno paddles his surfboard a long way out from the beach (much further out than any surfer would normally go). Suddenly, Benno's surfboard also breaks in half. Benno falls into the water and since he is not a good long distance swimmer, he cannot swim to shore and he calls for help. Luckily, he is rescued by the beach surf-lifesavers. However, Benno still suffers from injuries associated with almost drowning. When Macka and Benno complain to Dazza about their injuries, Dazza says "It's not my problem". It is subsequently discovered by Macka and Benno that Dazza used a cheap brand of polystyrene foam when he made the surfboards for hire. The polystyrene foam is very weak and not at all suitable for ocean use and surfing waves. Can Macka and Benno sue Dazza for damages and the cost of their injuries, under the tort of negligence? In addition, Macka is a professional tennis player and was going to be paid $2,000 for playing in a tennis competition the following week. However, the shoulder injury prevents Macka from playing in the competition and receiving his payment. Macka also wants to sue Dazza for this $2,000 amount. Go through all the tests for negligence including any possible defences for Dazza.
(You MUST Use ILAC to answer this ILAC Problem Question and YOU MUST ONLY write about Tort of Negligence)
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