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Sue is 35 years old. She is a commercial boat skipper who works for Whale Watching. She has held a commercial skipper's licence for 15
Sue is 35 years old. She is a commercial boat skipper who works for Whale Watching. She has held a commercial skipper's licence for 15 years and is considered to be a very experienced whale watching skipper. To ensure she is always at the peak of her health she has annual medical examinations, which are conducted by her locl doctor. Last week she was booked to take a group of tourists on a whale watching cruise leaving from Byron Bay and cruising up to the Gold Coast before returning to Byron. As they were approaching a large pod of whales, Sue briefly lost consciousness. When she regained consciousness, she was forced to take fast, evasive action to avoid running into the whales. Several tourists were thrown to the deck and injured because of the sudden change of direction of the boat and lack of a warning to hold on. Sue has gone back to see her doctor and he has advised her that she needs to have some blood tests to ascertain whether she might be a diabetic. Sue has never previously had any health problems, and this is something completely unexpected for her. Discuss whether there is a cause of action in negligence against Sue
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