Question One- Chapter 3 Negligence

MARKING CRITERIA FOR THIS QUESTION

Identification and discussion of relevant legal issues: 5 marks

Examination & analysis of information: 5 marks

Jerene, Joey and Xin are international students studying for a Hospitality and Tourism degree in Melbourne. They all met at University having shared accommodation on a University sports trip to Perth. They are all crazy about sport! During the trimester break they decide to travel back to Western Australia to experience some more sporting adventures.

When they arrive in Perth, they hire a campervan and head off to the South West of Western Australia. First stop is Margaret River and they decide to stay there for a few nights at a caravan park which has a tennis court and is walking distance to the beach and a lovely restaurant perfect!!

After they set everything up, they decide that a game of tennis would be great fun. After about an hour of playing, Xin celebrates a winning shot against Jerene by jumping over the net in triumph. unfortunately, his foot gets caught in a hole in the net and he actually falls over and fractures his shoulder. The hole in the netting has been there for some time and over the last few months has been getting larger. Xins fracture is so bad that Xin must stay in hospital for several nights and then the recovery will be spent back in Melbourne. Holiday over for Xin

Jerene and Joey go out for lunch at the restaurant and order alcohol with their food. They drink quite a lot of alcohol and on the way back to the campervan, Joey wants a photo taken of her standing on the edge of one of the cliffs. They are both so drunk that they fail to see a warning sign that warns the public not to stand close to the edge of the cliff due to the instability of the rocks. Joey loses her footing posing for the photo and falls down the cliff. She is seriously injured and the prognosis is that she will be permanently confined to a wheelchair.

Jerene is now very upset about her friends and being by herself that she decides to go to the beach to try and relax in the water. Jerene is body-surfing between the flags, some 60 or 70 metres from the beach when she is struck in the neck by a fibreglass surfboard. She is hospitalized for 5 days and requires intensive physiotherapy.

REQUIRED

Starting with similar cases from the prescribed textbook as well as materials available on LMS, undertake thorough research beyond the prescribed textbook[1] and advise Jerene, Joey and Xin with respect to the below issues. Remember that there will be two parties in potential court cases and the defendant will raise any necessary defences available.

1. Xin wishes to sue the Margaret River camping ground for his injuries claiming that they should have replaced the net or at least warned of the danger the hole in the net poses.
2. Joey wishes to sue the local government (the council) in Margaret River for not erecting a fence along the cliff edge.
3. Jerene wishes to sue the local government (the council) in Margaret River for the cost of her physiotherapy and other treatments necessary for rehabilitation as the Town allowed surfboards in the designated area only meant for swimming.

Start your answer by identifying the legal issues(s) raised by the question and then discuss those relevant legal issues: 5 marks

Then address a), b) and c) by examining the facts of the question and apply the law above to your analysis of information: 5 marks

For example: The legal issue(s) raised by this question include.

Discussion of the law related to these legal issues above: Negligence means. In law, to prove negligence.. In the 1996 court case of.In defence the defendant may claim

Examine: In examining the facts of the question and applying the law (stated above in discussion), to these facts, the following is determined:

a) In the case of Xin.

b) In the case of Joey.

c) in the case of Jerene.

[1] Do not forget to correctly reference all of your sources!