Question
Tom was riding his bike on a bike track next to a grassed area at a park owned by Ashfield council. Bill was kicking a
Tom was riding his bike on a bike track next to a grassed area at a park owned by Ashfield council.
Bill was kicking a soccer ball on the grassed area and kicked the ball with force towards Tom which caused Tom to fall off his bike and get a cut on the top of his head.
Tom had forgotten to wear his helmet. Ashfield council was responsible for the park and bike track.
a) Does Bill owe Tom a duty of care? Explain the law regarding Duty of care.
b) If Bill does owe a duty, has he breached his duty of care?
c) Are there any defenses for Bill to reduce Tom's claim for negligence?
d) Has the Ashfield council breached their duty of care? What measures could the Council take in order to limit their liability?
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