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.

Question Two- Chapter 4 Contract (Offers, acceptance, consideration, intention to create legal relations and revocation)

MARKING CRITERIA FOR THIS QUESTION

Identification and discussion of relevant legal issues: 5 marks

Examination & analysis of information: 5 marks

Cindy is a recent graduate of Murdoch University having majored in Hospitality and Tourism. She applies for a job as a Restaurant Manager at a salary of $55000 per annum at a well- known international hotel in Perth city after seeing the position advertised on SEEK.

After two weeks, Cindy is contacted for an initial interview after which she is short-listed for the position along with five other applicants. Cindy is advised that if she is successful, she will receive an offer via Australia Post mail. She eagerly checks her letterbox every day and finally on the 31 March 2020, she is delighted to receive an offer of employment from the hotel. She studies the paperwork, signs on the dotted line for acceptance and posts the letter back to the hotel at 2pm on the 2^nd April 2020. The hotel receives Cindys acceptance on the 4^th April at 10am.

Unfortunately, due to the inexperience of one of the hotels administrative staff, another offer of employment for the same position was posted by mistake to one of the other short listed applicants, Henry. Henry received his offer by post at 10am on 2^nd April 2020 and was so excited that he signed acceptance and hand delivered it back to the hotel the same day at 4pm! As soon as the hotel received Henrys acceptance, it realised the mistake that had been made and sent a letter to Cindy advising her that the offer of employment to her was withdrawn.

Cindy is of course extremely upset to receive the withdrawal letter in the mail and wonders if there is anything she can do legally about this.

REQUIRED

Start with readings from the prescribed textbook, as well as any supporting materials on LMS. Then undertake thorough research beyond the prescribed textbook[1] and advise Cindy whether a valid contract (agreement, consideration and intention) has been entered into between herself and the hotel and whether the hotels withdrawal is effective.

Question Three- Chapter 4 Contract (exclusion clauses)

MARKING CRITERIA FOR THIS QUESTION

Identification and discussion of relevant issues: 2 marks

Examination & analysis of information: 2 marks

Stephen is on holidays in Sydney staying at a luxury resort on the beach. He walks to the beach and hires one of the hotel-owned beach lounge chairs to laze on while he drinks cocktails and works on his suntan. When he paid his money to hire the chair he was given a ticket which he briefly glanced at and put in his wallet.

The chair subsequently collapsed and Stephen now has an injured back and must have physiotherapy and take pain medication. On the back of the ticket given to Stephen it states The hotel will not be liable for any accident or damage arising from the hire of the chairs.

Stephen want to sue the hotel for his injuries but the hotel states that the hotel will rely on the clause on the back of the ticket and that Stephen has no case against the hotel.

REQUIRED

Using the law set out in your textbook, undertake further research and advise Stephen of his rights in this matter. Use case law to support your answer.[1]

MARKING CRITERIA: TOTAL ASSIGNMENT

Identification and discussion of relevant issues (what is the legal problem(s) raised by the question and what does the law state in relation to this?) Evidence of research beyond the prescribed textbook is required: 12 marks

Examination & analysis of information (how does the above discussion apply in relation to the facts of the question?): 12 marks

Presentation (includes word count): 2 marks

Referencing: 4 marks