Question:

Legal Problem Question 2 Mirandah is an enthusiastic rock climber and is excited to hear that her friend's workplace has arranged a family and friends day at an indoor rock climbing centre, Cliff Climb. Friends will receive $15 off the fee for the climbing session. She is excited to try out the impressive facilities at Cliff Climb, especially as it is new and she has not been there before. When Mirandah arrives at the centre, before paying for her session, she is asked to complete and sign a form, which has the following statement above the space for her signature: "Please read Conditions of Climbing (overleaf) prior to signing." The heading on the form was: "Terms of Agreement". Mirandah was keen to start climbing and did not bother to read the Conditions of Climbing before signing the form, and did not notice the heading on the form either. While climbing, Mirandah falls and breaks her leg as well as injuring her knee. She requires surgery and is unable to work for several weeks. Her fall was caused by another climber who panicked and grabbed on to Mirandah, causing her to lose balance and fall. When Mirandah seeks reimbursement of her session fee, medical expenses and loss of income, Cliff Climb refers Mirandah to the clause on the back of the form which states: "Cliff Climb will not be liable to any person whether in contract, tort, under statute or otherwise for any injury, loss, damage, death, or economic loss, whatsoever suffered by you by participating in the rock climbing activity, whether resulting from your actions or the action, omission or negligence of others." Mirandah is shocked. She thought the form was just a registration form for attending the event. Can Cliff Climb rely on the statement on the form to avoid liability? Consider relevant legal principles under the law of contract. (Do not discuss the Australian Consumer Law.) Please remember to refer to any relevant legal cases to support your arguments, and ensure you fully explain the legal position. Type your answer in the answer box below. (6 marks)

Please help fill in the blanks.

Liam is a defendant in a Civil trial,the suit started byGeorge involving acontract .Liam denies he signed the contract. George says the signature was in fact Liam's.The jury makes a fact decision that Liam did sign the contract.Liam disagrees with that fact. Can Liam successfullyAppealsimplybased on the fact that he disagrees with thefactualdecision of the jury?(Yes or No )? ________________

The benefits of arbitration are that it is ___________________and ___________________________.

A form of A.D.R. which can result in a BINDING decision is__ ______________.

The Tort of NEGLIGENCE requires a showing of a failure to takeD..______________________.

Jack was acting silly and swinging a bat around in a room.

He unintentionally hits Dave in the head .He has committed the Tort of ______________.

Jack threatens to hit Dave in the head with a bat he is swinging. He has committed the Tort of _____________

Jack actually hits Joe in the head with a bat he is swinging. He has committed the Tort of __________________.

Steve says to a crowd that Tom hit Dave in the head with a bat. It never happened.Steve has committed the Tort of __________________

Jack each day cuts across Sam's property to get to the store. Sam posts a sign on the property forbidding this, but Jack continues. Jack has committed the Tort of ____________.

Casanova goes to a town dance and seesLolita in the corner. He is wild for her and goes to talk to her. She does not want to talk to him and tries to leave. Casanova refuses to let her leave a room while hetalks to her despite her desire to leave. Casanova has committed the Tort of _______________.

Max and his friends, who are in a band,repeatedly practices in Max's backyard at 1:00am in the morning at a very loud sound level. Frank, living next door, cannot sleep most nights because of the noise level.Has Max committed any tort , if he never actually went on Frank's property?________________

If so what tort or if not why not ?___________________________________________________

Hanna has been walking her dog on a leashand being careful. However the dog lunges at Beverly who is walking by, and , despite Hanna taking all due care, the dog manages to bite Beverly .Hanna is liable to Beverlybecause of______________________________________.What if the dog merely knocked over Beverly despite Hanna taking all due care._Is Hanna still liable?____________Why?_____________________

Jack drives a car while under the influence of alcohol and hits and severely injures a pedestrian.Thetype Case(s) which can be brought against him can be (Criminal, Civil, Both, Neither ) _____________________

Jack Smith was walking down the street when he saw a car accidentin which a pedestrian, Sam Doe, was injured.Jack kept walking without helping. What, if any, tort has he committed? __________________.

Jack is driving a carmade by ABC Auto Manufacturer, and sold by Main Street Auto Inc.when the front axle breaks, the car goes on to the sidewalk despite Jack's best efforts,and it injures Richard , a pedestrian. .... A defect is discovered in how the axle was manufactured. BUT Nobody can show who,if anyone, did anything wrong with the axle manufacture.Who can Richard successfully sue and on what basis?____________________