Malcolm and Susanna are avid tennis players and decided to form a club called the Bond University Student Squash Club.Malcolm becomes the president and Susanna the secretary.Miranda, Jason and Brianna and ten other people join the club as members.Each member pays a membership fee of $100.

The club organizes a tournament and all the members are invited to participate. At the tournament, the club supplies sports drinks to the players. Unfortunately, the drinks contain a contaminant and many players fall ill. It turns out that to save money, the club had purchased the drinks at a discount as they been recalled due to bacteria been found in some bottles.

Can the ill players bring an action in negligence against the club? If not, what remedy do they have? What would you have recommended Malcolm and Susanna do differently when forming the club?