Client Letter Hypothetical.docx

Client Letter Hypothetical.docx - May 7 2017 Assessment...

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May 7, 2017 Assessment Task Four Hypothetical Assignment 1011 words (minus headings, letterhead and date)
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May 7, 2017 6 th May 2017 Australian Adventure Club Camp Sparta Middle-of-somewhere, NSW Letter to the Australian Adventure Club (Re: Waiver Liability) Dear Mr Smith: Your legal issue present is whether service providers of recreational activities wholly indemnify themselves of complete liability through a waiver and agreement under s 5N of the Civil Liability Act 2002 (NSW). The purpose of the Civil Liability Act 2002 (NSW), is to address issues concerning violations of duty of care and negligence liability. Further, the provisions of the Civil Liability Act 2002 (NSW), aid in clarifying a party’s liability in relation to injuries and aims to provide for the recovery of damages inflicted by personal responsibility. 1 Section 5n of the Civil Liability Act 2002 (NSW), discusses contractual waivers for recreational services, and has therefore assisted in our personal research regarding AAC’s liability issue. The Competition and Consumer Act 2010 (Cth) (specifically sch 2 ( Australian Consumer Law 2 )) outlines consumer protection and fair-trading as crucial objectives. 3 Insight Vacations Pty Ltd v Young. 4 1 Civil Liability Act 2002 (NSW), Long Title. 2 Heron referred to as the ACL. 3 Competition and Consumer Act 2010 (Cth), Long Title. 4 Insight Vacations Pty Ltd V Young (2011) 276 ALR 497. Pearson Specter Poll 135 Carrington Close
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May 7, 2017 While aboard an Insight Vacations’ coach tour, a woman was upstanding and when the vehicle stopped suddenly, she fell and injured herself. 5 Despite the act in question being repealed by the Competition and Consumer Act 2010 (Cth), the woman sued the tour company under s 74(1) of the Trade Practices Act 1974 (Cth) for a breach of guarantees of
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