Trillian is on holidays on coast of New South Wales in January 2016. She decides to try out parachute jumping, which is something she has never done before. She books a parachute jump with a company called Vogon Thrills Pty Limited.When Trillian arrives at the airport to board the light aircraft for her parachute jump, she is greeted by Zaphod and Marvin. Marvin introduces himself as the pilot and says Zaphod is the person in charge of the parachute jump. Trillian will be doing a 'tandem jump' attached to Zaphod, as she is not an experienced or qualified parachute jumper and therefore cannot do an solo parachute jump.

Zaphod and Marvin are wearing green shirts with a large red logo that says 'Vogon Thrills Parachute Jumps - It's Out of This World'. Zaphod is a university student who works casual shifts for Vogon Thrills. Vogon Thrills sends Zaphod an email with the shifts he is required to work during university holidays and weekends. Zaphod is a keen parachute jumper and has previously paid for himself to be qualified as a parachute jump instructor. Vogon Thrills sent Zaphod to get his industry accreditation on an extra two day parachute jump safety training course when he started doing shifts for them. When Zaphod is in the back of the plane in charge of the parachute jumps he is working alone as Marvin is in the cockpit at the front of the plane. Zaphod has to fill out a diary record of all jumps and record any incidents, and has to file this diary entry back at the airport at the end of every shift.

Unknown to Vogon Thrills Pty Limited, Zaphod has been running a small business on the side whilst working for Vogon Thrills. He offers a 'selfie polaroid' service to customers, in which he takes a 'selfie' photograph of the customer just before they jump out of the plane.Zaphod charges $60 per photograph which he prints out and offers to sell to the customer at the end of the jump.

In the plane, Zaphod is supposed to be checking the harnesses which attach him to Trillian for the tandem jump. He rushes through the safety check and does not check all of the harness points, because he wants to set up the camera for the 'selfie polaroid' photo. In the industry-accredited safety training course all parachute jump instructors were trained in how important it is to check all harness points twice before a jump. Zaphod and Trillian jump and on the way down the harness detaches. Trillian is panicked and delays the deployment of her backup parachute, and deploys it too close to the ground. She fractures her spine on impact. Trillian is taken to hospital.

Dr Fairlane, a specialist spinal surgeon, attends to Trillian at the hospital. Dr Fairlane is interested in experimental therapies for spinal fractures. Instead of placing Trillian in a back brace for six months, which is what most other doctors would do, he performs an experimental surgery (approved by the hospital ethics board) to place robotic supports in her spine. The surgery is not successful and Trillian becomes a quadriplegic. The evidence is that 100% of patients with Trillian's injuries, when placed in a traditional back brace, do not become quadriplegic.

Prior to the accident Trillian was employed as a rocket scientist with a private defence contracting company. She was earning $450,000 per annum and was in the process of being head-hunted for a job with NASA in the US at a salary of $650,000. She has one daughter who is aged 4 and was planning to have one more child.Her husband worked part time running a tea shop and did most of the household management chores for the family and took care of their daughter. After the accident he gives up his job to care for Trillian as she requires full time care 24 hours a day 7 days a week. Trillian is not able to help with any household chores or look after their daughter.She requires a new wheelchair every 2 years, and changes to the family home including a ramp access at the front of the house, and a wheelchair-accessible bathroom. Trillian had a death and disability insurance policy worth $5,000,000 and this is paid out to her by the insurance company following her diagnosis of quadriplegia.

Answer all of the following questions, using numbering to identify your answers.You may assume each of the following defendants owe a duty of care. You are only required to discuss the other elements of negligence. Do not discuss duty of care.

1. Are Zaphod and/or Vogon Thrills Pty Limited liable in negligence for Trillian's injuries?

In your answers you must refer to relevant sections of the Civil Liability Act 2002 (NSW) and relevant case law.