Reference no: EM13951806 , Length: word count:2500

Please note the following:

Referencing Cases: example - Donoghue v Stevenson (in italics) (the year of the case and other details need not be provided).

Referencing legislation: The reference to the Civil Liability Act 2003 (Qld) can be written in abbreviated form - CLA.

A "Bibliography" or a List of Reference is NOT required.

Framework for answering a legal problem

The answer to the hypothetical question must be written under the framework of - Issues, Legal principles, Application of Law and Conclusion (ILAC).

You will be assessed on:

• depth of understanding of the question and identification of relevant issues;

• accuracy of the law (cases and legislation) used to support arguments

• the extent to which you have applied the law to the issues and argued as required by the question.

• correct spelling, grammar and proofreading.

The use of relevant headings within the body of your answer is encouraged.

Relevant Law: Do NOT write detailed explanationof the legal principles or rules under the "Relevant Law". Please provide only the ‘names of cases and Sections/subsection numbers of the Legislation that provide the legal rules, which will be used in your ‘application of law' part of your answer.

Writing the "LAW" in brief would help you to not go over the maximum word limit.

(Continue with a mini ‘Issue, Law Application' with respect to the ‘elements of an action in negligence') for each part (a), (b) and (c) and finally provide a -

Conclusion - You may have TWO conclusions - one conclusionfor both parts (a) and (b) and one conclusion for part (c) at the end of the answer.

For further information, please refer to the ‘Negligence Framework (General)' document available under Assessment area on L@gu.

Hypothetical Question

To celebrate the festive season and the end of semester the Business School staff of Griffith University attended a mid-week racing event at Eagle Farm in Brisbane. The staff enjoyed themselves immensely placing bets, eating and drinking. Unfortunately, the day ended badly when a bar attendant, MoshiBin who works at Eagle Farm Catering Pty Ltd, threw a glass of beer at one of the Business School staff members, who was complaining about the slow service at the bar. The glass missed its target and struck Nicole Rich, another horse racing patron, in the eye. She sustained serious eye injuries and has been unable to work.

As a result of the incident, Nicole cannot engage in her employment as a Cleaner and she takes no-pay leave for 6 months. During this period she develops an online gambling habit and loses $30,000 on Texas Holdem poker.

Adair Deville, another Business School staff member who had drunk ten glasses of champagne throughout the course of the day attempted to leave the reception area. Adair became disorientated from heavy drinking and climbed the racing perimeter fence. She walked along the fence for a number of metres, but overbalanced. She fell breaking her leg. There were no warning signs given about the potential danger of climbing the fence.

Using the legal problem-solving format of (1) Issues (2) Relevant law (3) Application of law to the problem and (4) Conclusion, answer the following: Explain your answer fully making reference to appropriate case law and relevant sections of the Civil Liability Act 2003 (Qld).

(a) Advise Nicole whether she can recover compensation for her personal injuries and the financial loss on gamblingin an action in negligence against Moshi Bin.

(b) Can Nicole recover damagesfrom Eagle Farm Catering Pty Ltd?

(c) Advise Adair of her chances of success of recovering compensation for her personal injuries in an action in negligence against the owners of the racecourse, Eagle Farm Racing Pty Ltd.What defences may apply?

Word Limit: 1500 - 3000 words.

Attachment:- Assignment.rar