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Transcript of BTX9030
Tuesday Group 2
Golf Course's Legal Risk
Tort of negligence
Duty of Care
Breach of Standard of Care
Service provider owes customers’ duty of care
Golf course failed to provide safety measures
The boy is hurt by the kangaroo, which is a foreseeable damage (under ACL s138)
Parents' contributory negligence
Action taken by the golf course preceded the attack
Contract is formed
Breached implied terms and conditions
Invitation to treat
Offer Acceptance & Consideration
No past dealing
Warning sign is a past consideration
Failed to provide reasonable care
Compensations for hospital fees and ongoing psychological treatment if necessary (under ACL s60)
Parents' contributory negligence & voluntary risk assumption
Did the boy provoke the kangaroo?
Did the boy dress in a colour that could stimulate the kangaroo's aggression?
Possibility that assumptions do not hold and i.e. contract risk could be reduced
With our assumptions, golf course is liable in both negligence and contract
Risk Treatment and Recommendation
1. fully compensate the boy’s medical costs
2. upgrade the quantity and visibility of the warnings, setup fences where necessary
3. adequate insurance coverage
4. minors must be accompanied with an adult
5. seek the advice from animal behaviour experts, introduce training to staff and educate the golf players for the precaution procedures
Tort of negligence & contract
Refer to cases:
Shorten v Grafton District Golf Club
Stennett v Hancock and Peters
Refer to case:
Tomlinson v Congleton Borough Council
Refer to case:
Bright v Sampson and Duncan Enterprises Ltd