This is a case study for laws and ethics manager. I want you to read the text and answer it back.

Harry Stylish, a backpacker from the United Kingdom, was on holidays in Queensland, Australia. He wished to take a boat trip through Whitworth Bay, to include some snorkelling, a jet-ski ride and a fresh lunch featuring local seafood and unlimited cocktails.

He arrived at the wharf and was greeted by an employee, Bill Baker, selling tickets for admission to the Whitworth Wonders Boat trip which was operated by Bill's employer Adventix Pty Ltd.

Harry asked Bill whether he should worry about jellyfish stings, "I'm not going snorkelling if there are jellyfish about" he said "I've got a phobia about them". "Nah Mate, don't worry about that", said Bill, "No-one gets stung around here at this time of year. If you want, you can wear a full wet suit but you might get hot". Unknown to Harry, Bill was aware that jellyfish season had not quite ended but he did not want to scare off any customers. In his opinion, people from overseas were always freaking out too much about the dangers of Australian wildlife.

Satisfied, Harry handed $150.00 to Bill and was issued with a ticket allowing him to pass through to the wharf and onto the boat. However, on the side wall before entering the wharf was displayed a notice which read: "All carriage is subject to the prescribed conditions. See ticket for the conditions." After entering the wharf, Harry did not read the ticket as he was more interested in heading to the bar for a cocktail. He presented the ticket to the boarding staff, put it in his pocket and boarded the boat. On the back of the ticket was printed: "This ticket constitutes a contract between its purchaser and the operator. We take no responsibility for any injury. You are responsible for any damage you cause."

The yacht set off and found a sheltered spot to moor next to the Hampton Resort pontoon for some jet-skiing. Harry was super keen and first in the queue for a jet ski. Chad Kawaii, one of the crew, gave him a lifejacket and some instructions on how to start, accelerate and stop the jet ski. "Don't worry about me", said Harry, "I've done this loads of times before, I won't even get wet". He leapt onto a bright red Motola jet ski, life jacket hanging open, and started the engine before Chad could give him a helmet. Chad yelled, "Watch out for obstacles; the speed limit is 25 kmph in this bay...".

Harry had a great time, whizzing back and forth in front of the Hampton Resort and eventually noticed Chad waving at him to come back. He raced over to the yacht and, much to everyone's surprise went straight past - his face changed to worried, "It's stuck - I can't slow it down", he shouted. Chad yelled back, "Turn it hard towards you". Harry came back round, slowed slightly but did not stop and crashed into the pontoon damaging both the pontoon and the jet ski. Harry was thrown off the jet ski, his head hit the metal rails on the side of the pontoon before he plunged into the water. Chad jumped into the water immediately but Harry seemed okay, he swam across to the boat and climbed in. "Woah he said, I've got a massive headache - not sure if it was the crash or the cocktails!" At that point another customer, Tina Chen, climbed up the ladder too, screaming, "Aghhhh, I think a jellyfish got me - on my leg". This was too much for Harry and he fainted.

Harry regained consciousness but his headache did not improve that day. Indeed, he went off to the hospital after the trip and was diagnosed with concussion. He had to spend one night under observation and a week resting in his hotel bedroom in the dark - unable to do all the activities he had booked. When the hospital bill arrived, he got really annoyed as he believed the jet ski was faulty. His jellyfish phobia had got so bad he could not even get in the swimming pool. His travel agent advised him to take legal action.

For each cause of action (there will be more than one - you must answer all questions below for each action)

a) Who might bring an action against who, using what area of law? (3) b) What will be the key elements of their legal claim? (6) c) What remedy/remedies should they seek? (3) d) What will the defendant argue? (5) e) Who do you think will win and why? (3)

In your answers you must APPLY the law to the relevant facts - using those facts to build the legal argument.