Negligence – Cheap Research Essays

Question 1
Darren has been injured in a minor car accident and has cracked a bone in his right foot. At hospital he is advised that his injury can be operated

on, but the operation carries significant risks for a goal kicker. Darren’s doctor, Zhivago, advises him that the operation on his foot can fix the

problem, but may also result in a permanent inability to kick goals. She fails to inform Darren that if the operation is unsuccessful, the over

compensation to his right foot will eventually result in him being unable to play football altogether. Darren is advised that the operation carries

a 70% success rate although, as injuries to goal kickers are rare, the sample size for such a statistic is limited. He is also advised to act

quickly as the risk of inability to kick goals increases the longer it is left untreated. Whilst there are no recorded cases of the injury causing a

complete inability to play football, without the operation Darren will be left with 15% less running speed.

Darren chooses to undergo the procedure. Unfortunately for him, the operation is a failure and he is rendered unable to kick goals. Within 6 months

he suffers from persistent injuries to his right foot and before one year has passed Darren is unable to play professional football.
Darren is in your office seeking compensation for his loss. Had he been advised that he could be rendered completely unable to play football by the

operation he would not have undertaken the procedure. Darren is also seeking compensation because he is no longer able to work as a bouncer, his

former job before his football career.

Advise Darren in relation to the law of negligence and any defences that may be available.
Question 1

Simon and his girlfriend Jane decided on going camping in the Three Gorges National Park in northern New South Wales. The park is set up for campers

with a designated camping area with cooking facilities and toilets. It also has an area set aside for parking visitor’s cars and setting up tents.

The camping area has a sign directing people to set up camp within designated areas but there is no restriction on where people can go in the actual

park.

The park is a wild natural place with dense forests and narrow winding pathways. There are many cliffs and gorges in the park and it has had hikers

who have suffered injuries when on hikes in the past.

On their first evening in the park Simon and Jane start cooking a meal on the cooking facilities made available to campers. It is actually Simon’s

birthday so they both have a few celebratory drinks. Simon actually becomes a little affected by alcohol and wanders off into the bush to go to the

READ ALSO : Political Science

toilet. He completely forgets that there are toilets in the camping area and just thinks finding a nearby bush will be good enough. Unfortunately

Simon stumbles through the bush for quite a distance, misjudges his footing and falls over a cliff edge. Fortunately he does survive the fall but

suffers serious leg injuries that does incapacitate him in his ability to walk.

Simon urgently seeks your advice in respect of his chances in establishing liability for negligence against the National Parks Commission. In your

answer make sure you address each element required in establishing negligence.

Contract

Question 2
Jak has been working as a successful accountant for several years since graduating with a double major in finance and accounting. He is 28 years

old and is looking to start his own accounting practice in a developing area of New South Wales. He has saved up a substantial amount of capital,

however, he will still need to borrow $25,000 to finalise the arrangements. He has no assets and cannot obtain a loan without a guarantor. Jak

consults his elderly parents, who grew up in Australia. He tells them he has a fantastic idea and he needs their help. Jak’s parents have always

been very proud of him and think his plans are fantastic. Jak tells his parents he needs only $25,000 and this will be repaid within 6 months,

after which time they would be under no further liability. Arrangements are made for a bank manager to visit Jak’s parents and they both sign as

guarantors for Jak. The agreement they sign, however, is one for an infinite credit limit over an infinite period.

Jak borrows $50,000 from the bank for a term of 4 years. His business goes well for some time, however, after 9 months rival practices open which

significantly slows Jak’s revenue stream, forcing him to default on his loan obligations. The bank calls in the loan and approaches Jak’s parents

for the balance, a sum of $43,000. Jak’s parents do not have $43,000 readily available to repay the loan and they fear losing their family home.

They seek your advice.
Question 2

Barry is a sailor on a boat that sails from Melbourne up the east coast to Brisbane. He is paid a wage for his services which include him cleaning

cooking and assisting the captain in navigating the boat. Whilst on their journey up the east coast one of the other sailors deserts the ship.

Apparently the other sailor decided that the bright lights of Sydney were more to his taste than remaining on board as a sailor.

The Captain explained to Barry that if he remained on board the boat and did not desert like the other sailor he would pay Barry the other sailor’s

wages. Barry was excited to get the extra money but was unclear as to the Captain’s intentions. He asked the captain whether he had to do anything

extra for his extra pay and the Captain replied, “Well lad, just make sure everything is ship shape, just like you had to do before. If you stay on

board you can have a job on the return journey.” Barry thought that this was a good deal and stayed on board for the balance of the journey.

On reaching Brisbane the Captain (who was obviously a very untrustworthy individual) refused to pay Barry the extra wages of the sailor that

deserted.

Barry urgently seeks your advice on whether he can sue under contract law for the extra wages. Advise Barry. In your answer discuss whether

promissory estoppel could be used by Barry to assist in his claim for the extra wages.
Question 3

Alexander and Susan were in a de facto relationship. They had been living together for 3 years and typically made all household decisions together,

including what apartment to live in, what groceries to buy and how the rent was paid. There was never any written agreement between the two and

neither party thought twice about trusting the other.

Alexander thought of himself as a bit of an entrepreneur and had stumbled across a business deal three months ago to sell household furniture,

requiring an initial outlay of $50,000 and estimated ongoing costs of $20,000 per year for the first few years. Alexander, excited by the prospects

of leaving his mundane job as a checkout attendant, told Susan about all the benefits of running his own business and asked Susan if she would be

willing to help out with some of the costs. Susan agreed to contribute $15,000 now and $10,000 when the business was ready to open to cover the

first few months of stock and operating expenses. Susan also agreed to be paid back whenever it was convenient for Alexander, who would primarily

be in charge of the running of the business. In return, Alexander agreed to do all the household chores until the business opens and promised to

attempt to find an extra job to generate enough capital to cover a few unprofitable periods whilst the business takes off.

Alexander has purchased the business with a combination of his own savings, a bank loan and Susan’s contribution, and preparations have begun to

open the business in 2 months’ time.

Last week Alexander and Susan had a major falling out and Susan has moved back in with his parents, refusing to pay any rent on the apartment he

shared with Alexander. Alexander is in your office, scared that Susan will not provide the extra $10,000 when the business opens. Alexander has

also received a letter from Susan’s lawyers demanding that Alexander repay the $15,000 within 28 days.