Sydney City Council is the occupier and body responsible for a public outdoor area just outside...
Fantastic news! We've Found the answer you've been seeking!
Question:
Transcribed Image Text:
Sydney City Council is the occupier and body responsible for a public outdoor area just outside the city. The public area has recently had new pavers laid and plants in pots supplied by Nellies Nursery Pty Ltd placed near the three steps that separate the two levels of the public area The new areas are popular with skateboarders because of the new smooth pavers (there are no signs restricting skateboarders). Sam is a skateboarder who often does jumps and tricks on his skateboard including jumping and skating down the steps (others also do this move). One day Sam attempts to jump over the plants in the pots but a metal spike accidentally left in the pot by Nellies Nursery Pty Ltd catches Sam's skateboard causing Sam to fall and break his arm. a) Does Sydney City Council or Nellies Nursey Pty Ltd owe Sam a duty of care? Set out your reasons (3marks) b) If either the Council or Nellies Nursey owes Sam a duty of care, have they breached their duty of care such that they would be liable for negligence? Give reasons for such a breach (4 marks) c) Are there any cases that assist your argument?(4 marks) d) Are there any defences to either the Council or Nellies Nursery?(4 marks) Sydney City Council is the occupier and body responsible for a public outdoor area just outside the city. The public area has recently had new pavers laid and plants in pots supplied by Nellies Nursery Pty Ltd placed near the three steps that separate the two levels of the public area The new areas are popular with skateboarders because of the new smooth pavers (there are no signs restricting skateboarders). Sam is a skateboarder who often does jumps and tricks on his skateboard including jumping and skating down the steps (others also do this move). One day Sam attempts to jump over the plants in the pots but a metal spike accidentally left in the pot by Nellies Nursery Pty Ltd catches Sam's skateboard causing Sam to fall and break his arm. a) Does Sydney City Council or Nellies Nursey Pty Ltd owe Sam a duty of care? Set out your reasons (3marks) b) If either the Council or Nellies Nursey owes Sam a duty of care, have they breached their duty of care such that they would be liable for negligence? Give reasons for such a breach (4 marks) c) Are there any cases that assist your argument?(4 marks) d) Are there any defences to either the Council or Nellies Nursery?(4 marks)
Expert Answer:
Answer rating: 100% (QA)
I think that Sydney City Council owes Sam a duty of care Although Nellies nursery Pty Ltd has Placed a bar about half a meter high across the track to ... View the full answer
Posted Date:
Students also viewed these general management questions
-
A skateboarder with his board can be modeled as a particle of mass 76.0 kg, located at his center of mass (which we will study in Chapter 9). As in Figure P8.67, the skateboarder starts from rest in...
-
Do accountants owe a fiduciary duty to their clients? Steven Leber (Leber) was the trustee of the Steven E. Leber Charitable Remainder Unitrust (Trust) which, at its peak, had assets of $4 million....
-
Your nursery sells plants not only in your store but also by mail order. Today youve received a letter from Pat Sykes, complaining that the plants (in a $572 order) did not arrive in a satisfactory...
-
For some companies, onboarding and orientation are synonymous. How are they different?
-
Answer the below questions. a. What is meant by the swap rate? b. What is meant by the swap curve? c. Explain whether you agree or disagree with the following statement: A countrys swap curve is a...
-
The 24T 6-pitch 20¦ pinion 2 shown in the figure rotates clockwise at 1000 rev/min and is driven at a power of 25 hp. Gears 4, 5, and 6 have 24, 36, and 144 teeth, respectively. What torque...
-
An engineering student correctly answers \(85 \%\) of all questions she attempts. What is the probability that the first incorrect answer was the fourth one?
-
A consumer preference study compares the effects of three different bottle designs (A, B, and C) on sales of a popular fabric softener. A completely randomized design is employed. Specifically, 15...
-
Required Information [The following Information applies to the questions displayed below.] Simon Company's year-end balance sheets follow. At December 31 Assets Current Year 1 Year Ago 2 Years Ago...
-
Kayak Company budgeted the following cash receipts (excluding cash receipts from loans received) and cash payments (excluding cash payments for loan principal and interest payments) for the first...
-
A fiduciary must allow an investor to be undiversified if the investor chooses to be. True False
-
Maria Marians has actively engaged in learning the production of handmade soft toys for little children for several years since she has left high school. Even though she is currently working as a...
-
1. What are the advantages and disadvantages of principal-protected equity-linked notes from the investor's (e.g. private banking client's) point of view? 2. If a client would like to invest...
-
Faro owns and operates seven (7) residences located throughout Canada. The square footage and insurance premium rates are provided as follows: Residence Square Footage Insurance Premium Rate Alida...
-
You have a portfolio comprising of share Mickey (M) and share Donald (D). The correlation coefficient between the two shares is -0.3983. Additional information: Share Mickey (M) Share Donald (D)...
-
A company is changing a process. The process change will decrease operating expenses but will require a new material in the process. There will be no effect on sales. To launch this initiative, the...
-
At t = 446 s after midnight, a spacecraft of mass 1380 kg is located at position (6 x 105, 3 x 105, -8 x 105) m. At that time an asteroid whose mass is 3 x 105 kg is located at position (5 x 105, -6x...
-
Representative data read from a plot that appeared in the paper Effect of Cattle Treading on Erosion from Hill Pasture: Modeling Concepts and Analysis of Rainfall Simulator Data (Australian Journal...
-
Nestls financial statements are presented in Appendix B. Financial statements of Delfi Limited are presented in Appendix C. Instructions Refer to the financial statements and answer the following...
-
Writing Financial statement information about four different companies is as follows. Instructions a. Determine the missing amounts. (Hint: For example, to solve for (a), Assets Liabilities = Equity...
-
The financial statements of TSMC are presented in Appendix A. The complete annual report, including the notes to the financial statements, is available at the companys website. Instructions Refer to...
Study smarter with the SolutionInn App