Workshop 9 Submission Question To celebrate the festive season and the end of semester the Griffith...

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Workshop 9 Submission Question To celebrate the festive season and the end of semester the Griffith University Accounting staff attended a mid-week racing event at Eagle Farm in Brisbane. The accounting staff enjoyed themselves immensely placing bets, eating and drinking.One of the accounting staff, Adair Devil who had consumed several glasses of champagne by the end of the day was encouraged by her peers to climb the racing perimeter fence. The fence surrounded the racecourse as a protective barrier between the racecourse and spectators. The fence was approximately 1.5 metres high. Adair climbed onto the top of the fence walked along the fence for a number of metres, but overbalanced. She fell onto the racetrack into the path of the racing horses. Adair was not injured by the horses, but her leg was broken by the fall.One of the horses, Black Midnight, which was racing on the track when Adair fell damaged a leg when startled by Adair’s presence on the track and has not been able to race since that day. The owners of Black Midnight seek compensation from Griffith University for the loss of potential winnings as they have been advised by an Equine Veterinarian that Black Midnight will never race again.Adair seeks compensation from Eagle Farm Racing Pty Ltd, owners of the racecourse, as there were no warnings given of the potential danger of climbing the fence.Is Eagle Farm Racing Pty Ltd liable to pay Adair compensation for her injuries?   10 marksIs Griffith University vicariously liable to Black Midnight’s owners for the loss of potential race winnings?  5 marks In answering the above questions please use the ILAC method, making reference to case law and relevant sections of the Civil Liability Act 2003.Word Count: 1500 words maximum 
	
Document Preview: Workshop 9 Submission Question To celebrate the festive season and the end of semester the Griffith University Accounting staff attended a mid-week racing event at Eagle Farm in Brisbane.  The accounting staff enjoyed themselves immensely placing bets, eating and drinking.  One of the accounting staff, Adair Devil who had consumed several glasses of champagne by the end of the day was encouraged by her peers to climb the racing perimeter fence. The fence surrounded the racecourse as a protective barrier between the racecourse and spectators. The fence was approximately 1.5 metres high.  Adair climbed onto the top of the fence walked along the fence for a number of metres, but overbalanced.  She fell onto the racetrack into the path of the racing horses. Adair was not injured by the horses, but her leg was broken by the fall.One of the horses, Black Midnight, which was racing on the track when Adair fell damaged a leg when startled by Adair’s presence on the track and has not been able to race since that day.  The owners of Black Midnight seek compensation from Griffith University for the loss of potential winnings as they have been advised by an Equine Veterinarian that Black Midnight will never race again. Adair seeks compensation from Eagle Farm Racing Pty Ltd, owners of the racecourse, as there were no warnings given of the potential danger of climbing the fence.  Is Eagle Farm Racing Pty Ltd liable to pay Adair compensation for her injuries? 									10 marksIs Griffith University vicariously liable to Black Midnight’s owners for the loss of potential race winnings? 					 XXXXXXXXXXmarks In answering the above questions please use the ILAC method, making reference to case law and relevant sections of the Civil Liability Act 2003.Word Count: 1500 words maximum

David · Accepted Answer

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Is Eagle Farm Racing Pvt Ltd liable to pay Adair compensation for her injuries?
Law 
Civil Liability Act 2003
Application
If the case is taken to the consideration through the court as per the Civil Liability Act 
2003, in that condition both parties have right to show their own opinion in the court for justice 
and compensation. But this act is clearly said under the Division 4 – in the dangerous 
recreational activities; that a person is not liable to claim any compensation about his/her injuries 
for the second party. If the entire incident happened on the basis of his/her own recreational 
activities. Here is another point, that there was no precautionary message or sign board kind of 
hoardings available; that showed any restrictions on the racecourse and on the fence that 
climbing on that would be dangerous or offensive act. In this situation, Adair was not aware 
about that not to climb on racecourse fence because she was drunk. She was not in sense to make 
proper balance or in that condition to select what was good and bad for her. Further, she attended 
that event out of her Griffith University campus which was located at Eagle farm in Brisbane.  
There is no doubt that place belonged to Eagle Farm and her injury caused by herself on 
their ground. In-fact, as per the situation, if she were not to climb probably any accident would 
happen because her leg was not injured by any horses of that racecourse. On the other side, Eagle 
Farm Racing lost their one horse named Black Midnight just because of her presence on the race 
track and that horse was not able for racing in future as well. However, the owner of this horse 
also seeks compensation from Griffith University because Adair was working in that University. 
A critical situation was raised because the owner of Black Midnight lost potential racing horse 
and that horse will never race again. Additionally, there was no warning information or material 
presented on their fence on the racecourse ground; if it was there, probably, Adair might be 
aware about the danger affect of her activity after watching.  
Further, the name of this University is at stake because Adair is working in accounting 
department. If the employee of any organization can do wrong exercises along with staff 
members, than it will affect the entire image of this organization.

Workshop 9 Submission Question To celebrate the festive season and the end of semester the Griffith University Accounting staff attended a mid-week racing event at Eagle Farm in Brisbane. The...

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