Xena is planning to host a tea party at her home to raise money for her son’s cricket club. She invites all members of the club and their families, as well as a general invitation to everyone who lives in her street. Xena plans to ask each attending guest to donate $20 to her charitable cause.Xena’s home has a backyard in which there is an old pond that is currently drained of water. Xena realises that it still might pose a risk to her guests so she strings a rope around the pond’s perimeter and puts up a cardboard sign; “PLEASE KEEP AWAY FROM HERE”.On the day of the tea party, around 200 guests turn up including a large number of children. The event appears to be a great success until Xena’s worst nightmare comes true; an elderly gentleman trips on the rope, falling into the pond and breaking his pelvis.The injured man wants to sue Xena for negligence, seeking damages for physical injury, costs of medical treatment, and pain and suffering. The injured man also claims that he lost opportunity for “one last trip overseas” to see his grandchildren in New Zealand as a result of being in hospital with a broken pelvis. Xena is worried about being sued for negligence.

Q1) a). Advise Xena whether the injured man’s negligence claim is likely to be successful. Apply the steps to prove negligence

Q1) b). Are there any defence/s that Xena might be able to raise against being found negligent? Explain why/why not

Q1) c). The injured man wants to sue Xena for his lost opportunity for “one last trip overseas” to see his grandchildren in New Zealand as a result of being in hospital with a broken pelvis. Explain whether you think a court would or should make Xena liable for these additional damages.

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