Business Law

Q1: Topic Three Negligence (answer this question based on what we have learnt about common law Negligence- do not include contract or consumer law)
Maxwell is the general manager for a resort hotel on Kangaroo Island. The resort often arranges excursions for the guests. Mary and her husband Peter are keen to go on an excursion to “little Sahara” – a series of sand dunes on the Island. The guests are told that they will drive through the sand dunes and that is an excellent photographic opportunity. The guest sits in the back of a converted four-wheel drive vehicle on bench seats. There are no seatbelts or “roll over” bars.Click Here To Get  More On This Essay!!!

Terry, 20 years old, is the driver for the day. He only received his driver’s license last year and has had little experience driving on dunes before. Unfortunately on a steep patch of dune Terry goes too slow for the angle and the jeep tips and rolls over. Many of the guests, including Mary and Peter suffer injury. Peter is in hospital for 3 weeks and is off work for 4 months. He has substantial medical expenses.
a) Discuss (using case law) if Mary and Peter have an action in negligence. Against who? What is the likely result?

Q2: Topic Six Health and Safety/Workers Compensation
Maxwell is the general manager for a resort hotel on Kangaroo Island. The resort often arranges excursions for the guests. The resort offers excursions to “little Sahara” – a series of sand dunes on the Island. The guest sits in the back of a converted four-wheel driver vehicle on bench seats. There are no seatbelts or “roll over” bars.Click Here To Get  More On This Essay!!!

Terry is an employee of the resort and is employed as a driver. He only received his driver’s license last year and has had little experience driving on dunes before. Unfortunately on a steep patch of dune Terry goes too slow for the angle and the jeep tips and rolls over. Many of the guests and Terry are injured.

a) Explain whether you consider the company has breached the statutory duty of care under work health and safety law. Explain the different breaches that may have occurred and the likely result

b) What should the company have done to avoid breaching the law?

c) What should Terry do to get compensation for his injuries? What type of compensation could Terry get? How likely is it that he will receive compensation?

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