LAW115- Hypothetical Problem FINAL RESUBMISSION.docx

LAW115- Hypothetical Problem FINAL RESUBMISSION.docx -...

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Shevon Faux 45157014 Our Ref: LIA45157014 10 th April 2016 Australian Adventure Club 5 Liable Street MIDDLE OF SOMEWHERE, NSW 2001 Dear the Australian Adventure Club, I have reviewed your waiver regarding the recreational activities for your upcoming event. Your waiver outlines briefly, however, not to a large enough extent of what is required within the waiver. A substantial amount of the statutory provisions for a waiver can be found in section 5 of the Civil Liability Act 2002 (NSW), hereon referred to as the CLA . 1 The CLA makes provision’s in relation to damages for death or personal injury caused by the fault of a person. 2 You should extend your knowledge by reading the definitions found in ss 5F and 5K of the CLA, 3 this will allow a thorough understanding of the consequences that could arise from the recreational activities that you’re hosting. Thus, within the waiver you should include these definitions so that participants understand their responsibilities and your liability. The CLA provides statutory requirements to determine the effectiveness of the waiver to protect Australian Adventure Club (AAC) and Camp Sparta (CS) from liability claims. 4 The current waiver requires altering within part 3 section 2. Section 5M of the CLA states the need for a general risk warning of the risks associated with the activities. However, a defendant cannot rely on a risk warning if they have not followed specific practices or procedures for the protection of personal safety. In 1 Civil Liability Act 2002 (NSW) s 5. 2 Ibid . 3 Ibid ss 5F, 5K. 4 Ibid. 1
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Shevon Faux 45157014 section 5N of the CLA it outlines that the contract for recreational services may ‘exclude, restrict or modify’ the liability to which it applies, as a result of the actions of the AAC. Thus, ensure you take reasonable care and skill to prevent this occurring 5 Furthermore, you are required to put in all the effort from staff, including checking the equipment regularly to fulfil this field. Furthermore, your waiver will not indemnify you for all liabilities incurred as your current waiver states. You should also include
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