Xenia is planning to host a tea party at her home to raise money for her son's competitive dance team. She invites all members of the team and their families, as well as a general invitation to everyone who lives in her local council area. Xenia plans to ask each attending guest to donate $50 to help fund her son's team.

Xenia's home is a large property with a big backyard. She has several mature trees in her backyard including one tree that her neighbour (an aborist by trade) has advised is dead. Xenia's neighbour says that this dead tree poses a safety risk, as the tree might drop heavy branches or fall over entirely. Concerned for the safety of her guests, Xenia decides to strings a rope around the dead tree's trunk with a cardboard sign with a message written in red texta; "PLEASE KEEP AWAY FROM THIS TREE".

On the day of the tea party, around 150 guests turn up including a large number of teenagers. The event appears to be a great success until Xenia's worst nightmare comes true; a branch of the dead tree snaps off due to a sudden gust of wind, and the branch falls onto a teenage guest who had been hiding under the dead tree to (secretly) vape.

Fortunately the injured teenager will fully recover, however the teenager's parents want to sue Xenia for negligence, seeking damages for physical injury, costs of medical treatment, and pain and suffering. The parents also claim that Xenia owes them compensation for their child's lost opportunity to perform in an upcoming "dance battle" (with a winner's prize pool of $15K!).

Xenia is worried about being sued for negligence and urgently seeks your legal advice.

Q1) a). Advise Xenia whether the negligence claim against her is likely to be successful. Apply the steps to prove negligence (10 marks). Use a table to set out the main steps to prove negligence.

Q1) b). Are there any defence/s which Xenia might be able to raise against being found negligent? Explain why/why not (5 marks)

Q1) c). Explain whether you think a court would or should make Xenia liable to pay additional damages relating to the injured teenager's loss of opportunity to participate