Question:

Dalma organizes a new and exciting fun run which she names the 'Run MQ', to be held on 8 November at a park. The race is designed to promote fitness amongst students who rarely have time to see sunlight let alone engage in exercise. Dalma carefully selects the race route so that it is largely flat and engages a sports catering company to set up refreshment stations along the route. There is one point on the route where the race crosses a small bridge over a creek, but Dalma thinks that will be okay. Each student entering the race signs a written contract and pays Dalma the entry fee of $100. The contract includes the following term: Clause 10: This event will proceed, rail, hail or shine. Clause 11: Entrants participate in Run MQ at their own risk. The organizer accepts no liability for any injuries or damage whatsoever, even if she was negligent. On the morning of 8 November, sudden storms hit. Most of the students are not worried, until the small creek fills up and bursts its banks, flooding the bridge. By the time the race is due to start, half the route is submerged under water. Dalma insists that the race should go ahead, although she acknowledges racers will "get a bit wet". Ultimately Dalma and one student, Sonya, are the only ones who attempt the race. Dalma finishes the race by swimming across the creek. Sonya begins the race but is soon swept by the water into the flooded creek. She suffers a broken leg, and now wants to sue Dalma for negligence. Another student, Amanda, does not attempt the race, and is now asking for her money back.

(a) Advise Amanda whether she can claim her $100 back. [12 marks]

(b) Advise Sonya whether the contractual terms would prevent her from suing Dalma for negligence. (Note: Please assume Dalma was negligent). [4 marks]

The answer must be in ILAC format, with case references.