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Assignment Task :
Question 1: Forestdale Shire Council is responsible for Stormy Beach in Rockhampton, Queensland. It’s a lonely beach with a picturesque stretch of sand and surrounded by rocks, and it is not patrolled by any lifesavers. Harry and Ronald are walking down the beach one day when Harry, feeling confident although he is a weak swimmer, plunges into the large waves and starts swimming towards a nearby island. Harry is immediately caught in a strong current and pulled underwater. Ronald dives into the water and rescues Harry, but Harry almost drowns and suffers permanent injury. Harry wishes to sue Forestdale Shire Council for $175,000 as compensation for his injury. Advise Forestdale Shire Council whether it owes a duty of care to Harry
Question 2: Ted orders a pizza from an Italian restaurant in Brisbane, owned by Johnny, who is also the chef. The pizza contains rotten pineapple, and as result, Ted suffers food poisoning. His symptoms do not go away, and in fact, worsen over the following week. Ted visits the hospital and is advised by the doctors that the food poisoning has worsened a pre-existing acid imbalance in Ted’s stomach, triggering a stomach ulcer that is going to require extensive medical treatment, which is likely to cost approximately $800,000. Can Ted recover the cost of this medical treatment from Johnny? In your answer focus on whether or not the harm suffered by Ted was caused by Johnny’s breach of duty.
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