What will be the key elements of their legal claim

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Reference no: EM133312922

Case Study: During the Uni holidays Layla and her boyfriend Mukesh go to a farm to try horse riding together. Layla used to ride horses regularly as a child and has persuaded Mukesh to have a go.

When they arrive they go up to the counter and pay the fee for two adults ($50 each) for a guided horse-back ride around the farm including hire of helmets and boots. "I'm just here to keep her company and get some fresh air", says Mukesh. The girl at the counter hands Layla a paper form and asks her to read and sign it and place it in the tray on the desk. The form says:

I understand that farm-based activities involve risks that may cause various injuries that could result in death or serious disability. I wish to participate and release Friendly Farm Pty Ltd, and their employees, from any liability whatsoever.

At that point Layla sees a family of llamas in the next field including a very cute baby llama - she rushes over to pat the llama and calls Mukesh to join her. They are distracted from the form which they leave, unread and unsigned, on the desk. They are then called over to be fitted with hats and boots and, while being fitted, they watch a quick instruction video. They are then issued with a horse each and climb on to start the ride with Andrew, a staff member and ex-jockey, as their instructor.

Mukesh appears to be a natural, he is riding well and Andrew is so impressed he suggests they should try a faster trot. As a beginner, Mukesh is not sure about this but Andrew is encouraging, "We'll go up the straight path, it's impossible to fall off, just go with the horse". Mukesh nods his head, Andrew taps the horse, and it starts to speed up. All of a sudden, Mukesh finds himself slipping to the side, he yells and falls off to the right getting his ankle caught in the stirrups.

As he hits the ground the clip on his Horsegear helmet (made by Ripskoff Ltd - the farm recently bought 50 of them online) simply slips open at the slightest pressure and the helmet, which was at least one size too big, rolls off his head. Mukesh finds himself lying in the mud with a bump on his head and a swollen ankle.

Layla rushes to the scene and drives Mukesh off to hospital. He has slight concussion and a hairline fracture of the ankle. This means he can't work for three weeks in his job at a restaurant. He's worried about the consequences for his career too - he's an amazing cricketer and has a chance at playing professionally.

Question a) Who might bring an action against who, using what area of law?
Question b) What will be the key elements of their legal claim?
Question c) What remedy/remedies should they seek?
Question d) What will the defendant argue?
Question e) Who do you think will win and why?

Reference no: EM133312922

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