Margaret and David were taking their 5-year-old grandson Joel for a walk along a pier at Newcastle beach in NSW. There was a fence that had been installed by the council. It had horizontal timber beams connected at heights of 1 metre and 2 metres. There was no other material between the beams.

David was walking slightly ahead. Margaret had been with Joel holding his hand, she briefly let him go slightly ahead. Margaret very briefly looked backwards as there was a dog behind. At that moment she heard a scream. Joel had fallen between the timber beams on the fence to the hard sand some nine metres below. Joel was severely injured.

At the entrance to the Pier there was a sign placed by the Council which read;

"The council recommends care with children when walking on the pier and will not be liable for any injury no matter how caused whether through the negligence of the council, their employees or contractors or otherwise"

a)Does the Council owe Joel a duty of care?

b)Has the Council breached their duty of care?

c)Are there any defences the Council can use?

d)If Joel joined his grandparents to the proceedings do you think they may be liable for negligence?