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Kangaroo case of Law Group one
Transcript of Kangaroo case of Law Group one
BTX 9030 Kangaroo Case Background of the case A golf course emerged kangaroos to attack people
Kangaroos are usually not aggressive even rare in breeding seasons
A boy injured by a kangaroo when playing golf without his parents
He has been hospitalized and story went public and media
Legal risks to the business-Tort Of Negligence 1st consideration: owe a duty of care?
Neighbor test--(Australian Safeway Stores P/L v Zaluzna)--supermarket owed duty of care to its lawful customers
The boy was attacked by the Kangaroo during playing golf in the golf course
Reasonable foreseeability—little foreseeable to a major accident
Likely owed duty of care to the injured boy
Tort Of Negligence 2nd consideration: exercised proper standard of care?
Act of negligence could not established if the foreseeable risk has very low possibility to be occurred
Exercised all reasonable step to minimize the risk?
Tort Of Negligence
3th consideration: damages
•“but for” test not apply
•may not be necessary direct causation
•March v Stramare Pty Ltd
Not too remote
•Overseas Tankship(UK) Ltd v The Miller Steamship Co Pty Ltd
Golf course breached the standard duty of care and the damage was reasonable foresee Tort Of Negligence Defences
Golf course can defend by the contributory negligence of the parents
Disclaimer is not effective
Risk Assessment of Tort Of Negligence Highly likelihood that Golf course would be liable to the boy for negligence
Highly likelihood that the plaintiff may claim for compensation
Golf course could defense as parents have contributory negligence
Legal Risks Assessment of Contract Statements made after contract formed are not terms
-Warning sign location
Implied Terms in Service Contracts
- The service is not fit the purpose for which it was acquired.
ACL part 3-2 Subdivision B 60
If a person supplies in trade or commerce that serve to consumers, there is a guarantee that the services will be rendered with due care and skill.
High chance of breach Treatment Solve the issue outside the court
-Negotiate with parents
-Apologize through the local media
Lose a lawsuit and reputation, might loss future business
Place the fence around the golf course
Place more caution signs
Allocate professional staff to patrol the golf course
Set up CCTV system if budget allow.
Promote school activities to ease negatives