Task 2 Law of torts- Negligence/Defences to negligence Students should visit http://www.austlii.edu.au/ access read sections 5J, 5K and 5 L of the Civil Liability Act (NSW) 2002 and the following factual circumstances. Facts Ralph agreed to go kangaroo shooting with Steve and Rahesh. Ralph said he would drive the four wheel drive cabin vehicle but not shoot. Ralph made it clear to Steve and Rahesh that they were not to shoot from inside the vehicle or bring in loaded guns while he was driving. After shooting from outside Rahesh got into the cabin of the vehicle with his gun. Ralph again warned him he could not shoot from inside the vehicle. Rahesh said the gun was not loaded. Ralph began to drive Steve and Rahesh back to their campsite. Rahesh began fiddling with the gun inside the vehicle while Ralph was driving. Ralph again asked Rahesh if the gun was loaded to which Rahesh said no. Rahesh said the gun was just jammed and continued to fiddle with the breech inside the vehicle. The gun then discharged and the bullet went through Ralph's leg. Ralph has taken proceedings in negligence against Rahesh. Rahesh argued he was not responsible for an obvious risk arising from a dangerous recreational activity. Read the facts then answer the following questions. Questions a) Describe the elements of the tort of negligence. b) Examine if kangaroo shooting is a dangerous recreational activity? c) Apply sections 5J / 5K and 5L to the key facts. Can Rajesh be held negligent?