Question 2: Law of negligence [total of 15 marks]

Read the facts below then answer the questions which follow

The people involved

Avarus is the owner of a ski lift which is located at the ski fields in Kosciusco, NSW

Lucas is a 20 year old student who lives in Kosciusco and works for Avarus two days a week operating the ski lift

Alex is a self employed engineer who does safety checks on the ski lift each day before opening

Afon is a trainee mechanic who works for Alex

Maria is a ballet dancer who is on a two week skiing holiday

The events

1One morning when Alex is scheduled to do his maintenance on the ski lift before it starts operating he is busy with other jobs so he sends his trainee Afon to do the work

2Afon does the work but because he is inexperienced he does not properly adjust the braking system on the ski lift

3Lucas arrives to start work; he soon notices that the ski lift is not functioning properly and could be dangerous

4Lucas contacts Avarus by phone, explains the problem and suggests the ski lift be closed until it is checked out

5Avarus does not want to lose the income from closing the ski lift so he instructs Lucas to keep it operating until Avarus can contact Alex later in the day

6Lucas is not happy about this but he does not want to lose his job so he follows Avarus's instructions and keeps the ski lift operating

7Maria arrives at the ski lift and joins a queue of skiers waiting to use it

8While Maria is waiting she sees the ski lift stop suddenly with a jerk several times then start moving again; on one occasion the jerk is so severe a skier is almost thrown out of his chair

9Maria is worried about this but is keen to get started on a day's skiing so she boards the ski lift when her turn comes

10The ski lift moves off but Maria soon finds she is uncomfortably seated so she unlocks the safety bar to adjust her seating position

11About 30 seconds later the ski lift violently jerks to a stop and Maria is thrown out because her safety bar is not in place and falls to the snow covered ground

12Maria suffers injury to her hip and leg; she incurs medical costs and has to abandon the remaining 10 days of her skiing holiday

13Maria also has to give up a planned 10 week overseas enrolment to study ballet with a ballet school in Vienna

14Maria wants to bring legal claims against one or more people to obtain compensation for her losses

Question1

1.To bring a negligence claim against Lucas Maria must show she is his LEGAL NEIGHBOUR. Why would Maria be considered to be Lucas's legal neighbour?

2.Did Lucas have a DUTY OF CARE to Maria? If you answer YES, what was his duty of care?

3.In what way did Lucas BREACH HIS DUTY OF CARE to Maria?

4.Maria might not receive full compensation because of two actions by her. What were those two actions and what are the LEGAL NAMES for each of them?

5.Why would Maria not be likely to receive compensation for her lost overseas study tour and what is the LEGAL NAME for this?

6.If Maria also brings a successful claim against Avarus (for instructing Lucas to keep operating the ski lift) what is the LEGAL NAME for this type of liability?

7.If Maria also brings a successful claim against Afon (for not properly adjusting the braking system and so making the ski lift unsafe) what is the LEGAL NAME for this?