This assignment is intended to provide you with the opportunity to consider a range of legal issues that can arise in contract and/or negligence in the course of carrying on a business and to develop your ability to research and analyse problems from the perspective of those legal issues. You are expected to think through the issues thoroughly, consider all parties’ rights and liabilities and provide a reasoned solution to the problems posed by the facts. In particular, you will need to ensure that you cover each of the specific matters that are set out in the question.
Students may work collaboratively in considering the problems (and are strongly encouraged to do so) but individual essays are to be submitted by each student – and they are to be your own work. (Students should read and are expected to comply with the university’s policy on plagiarism, both generally and in relation to collaborative work submitted individually).
The assignment is due no later than 6pm Monday 09 May 2016 (please note that the due date in the Subject Outline has been extended in response to the interruptions from Public Holidays). Late assignments will be penalised by a 5% reduction for each day or part of a day by which submission is late.
Students are to submit the assignment by uploading through the LearnJCU assignment dropbox. No paper copy is required.
The Question (ANSWER ALL PARTS)
Paul was playing golf with two friends at his local golf course in a weekend golf competition. Paul hit a drive and proceeded to walk forwards along the fairway towards where his golf ball landed. Paul was approximately 50 metres from Wayne when Wayne decided to hit his golf ball. Wayne thought it was safe to hit because Paul was near a line of trees that provided some cover. Unfortunately Paul is hit in the face by Wayne’s golf ball.
Paul is considering bringing legal proceedings against Wayne.
Will Paul be successful if he brings legal proceedings against Wayne? In your answer refer to relevant sections of the Civil Liability Act 2003 (Qld) and to any relevant case law.
Paul is also considering bringing legal proceedings against the Golf Club. He believes that the Club should have installed protective fencing to allow players and spectators to safely move along the side of fairways without being struck by golf balls. However the club say that they cannot be liable because they are protected by wording that appeared on the back of a scorecard.
Peter, who was playing golf with Wayne and Paul when Paul got hit, was handed a scorecard by the Golf Club. The scorecard contained the wording:
“This golf club accepts no responsibility for any loss, harm, injury or death howsoever suffered by any person that enters this golf course”
The writing on the back of the scorecard was particularly small and Paul has difficulty seeing small print. Further, Paul states that he never saw that scorecard. Although, Paul is a regular player at the course and has on numerous occasions been the player responsible for keeping score by using scorecards supplied by the Club (that contained the exact same wording on the back of the card).
Will Paul be successful if he brings legal proceedings against the Golf Club? In your answer refer to relevant sections of the Civil Liability Act 2003 (Qld) and to any relevant case law.
Worse is still to come for Paul. Paul does not seek any medical treatment for his injuries. He believes he merely has some slight concussion and a bad scar from the incident. However, after two weeks his eye sight starts to deteriorate. It turns out that there has been some permanent damage to his left eye as a result of the incident.
A specialist report from medical professionals reveals that if Paul received treatment in relation to his eye within 48 hours after the incident he may have avoided permanent damage.
Paul is furious because his weakened eyesight means that he can no longer work as a commercial airline pilot. Paul retires from his job as a pilot.
Without the income from his job, Paul is forced to sell his investment property. Paul believes that the housing market is at a 5 year low. Paul’s real estate agent told Paul that if he was able to hold onto his investment property for another 12 months he would make $50,000 more on the sale. Paul says he must sell to cover his living expenses.
Paul believes he is entitled to an order for damages resulting from the incident at the Golf Club. Paul wants to claim all his future medical expenses in relation to his left eye, plus 10 years’ worth of lost income (he was due to retire in 10 years), plus $50,000 loss resulting from the early sale of his investment property.
Advise Paul regarding damages. Which amounts can Paul claim as damages resulting from the incident at the Golf Club?
[Total for Question: 30 marks]