Question
ohn, aged 9, attends Greenfields School ('the School'). The School offers its students several extracurricular activities provided by external institutions. John decides to take up
ohn, aged 9, attends Greenfields School ('the School'). The School offers its students several extracurricular activities provided by external institutions. John decides to take up archery classes provided by the School through a local archery club, Expert Archers. All parents of the School's students who attend Expert Archers' classes have signed a document that states: 'It is agreed that Expert Archers will not be liable for any harm or damage whatsoever suffered by students of the School'.
Expert Archers have recently started to construct a new pavilion on its grounds. Sections of the grounds where work is being carried out have been fenced off by the construction company, Beren Constructions. Signs reading 'Danger!' and 'Do not enter' have been attached to the fencing.
One day, during an archery class, two instructors employed by Expert Archers to teach and look after the School's students wander away from the archery field for a cigarette break. John and his classmate Hannah use this opportunity to escape from the archery field and explore the construction site. They climb over the fencing. While running around the construction site, Hannah falls into a hole and breaks her leg. John runs to summon help. To save time, John takes a shortcut across an archery field. As he is proceeding across the field, an arrow shot by one of his other classmates, Ken, also aged 9, hits John's arm. The arrow tears John's jacket and causes him injury.
Discuss any claims arising in tort.
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