LAWS7023: Business & Corporate Law- NorthSide Parklands- ILAC- Law Assignment Help

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MAS7500
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Question:

The NorthSide Parklands is a public park that is popular with Brisbane residents and visitors which has many activities for people to do there. NorthSide Parklands is owned and managed by the NorthSide Commission, a Queensland government authority.

Darren, Mary and Kelly are three friends who visit the parklands. Darren decides he wants to go swimming at the parkland artificial beach and pool, Mary decides that she wants go for a walk through the parkland gardens and Kelly decides that she wants to go for a ride on the parklands Roller-Coaster.

Darren goes to the parklands artificial beach and pool and sees that surf-lifeguards are patrolling the beach. He also sees that they have put up two safety flags along the entire width of the beach. Everyone including Darren knows that the safety flags mean that it is safe to swim between the flags. Darren walks into the water between the flags.

Darren can feel the bottom of the pool sloping gradually downwards as he walks further into the pool. As he gets towards the middle of the pool, his lower leg hits the edge of what feels like a large obstacle and his lower shin bone is broken. It turns out that is there is a man-made concrete rectangular jetty under the water in the centre of the pool for swimmers to stand and sit on. No-one could see this jetty from looking at the surface of the water because the water is too dark.

Mary starts walking through the parklands gardens, but then it starts raining quite heavily. This makes all the concrete pathways slippery to walk on. She sees a sign at the beginning of a level concrete pathway that says “Designated Pathway”. There are no guard rails or holding rails along the length of the pathway. She walks about 10
metres along the pathway but then she slips on the wet surface of the pathway, falls over and injures her back.

The parklands Roller-Coaster ride is privately owned and operated by Mr. Morrie Shmuckind and erected on a piece of parkland which Morrie leases from the Commission. Kelly first signs a disclaimer document that states that riding on theRoller-Coaster is dangerous and that she does so at her own risk, then buys a ticket to go on the rollercoaster. She then gets in one of the carriages, Morrie fastens the carriage seatbelt around her and the ride begins. About 5 minutes into the ride, the seatbelt breaks and Kelly is thrown out of the carriage and snaps her wrist as she hits the ground. It is discovered that the reason the seat-belt broke was due to Morrie failing to ensure that the seatbelts were regularly tested for strength and replaced.

However, when Kelly accuses Morrie of being negligent, Morrie says he is not liable because she rode the Roller Coaster at her own risk.

Advise Darren, Kelly and Mary if either of them can bring any claims under the Tort of Negligence and the Law of Disclaimers from Contract Law against the NorthSide Commission and Morrie? Or not?

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Posted on : April 03rd, 2018
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