Hypothetical Problem final submission - Isabella Ali(46352589 To whom it may concern I am writing in response to the legal issue of whether the

Hypothetical Problem final submission - Isabella...

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Isabella Ali (46352589) To whom it may concern, I am writing in response to the legal issue of whether the liability waiver of the Australian Adventure Club (AAC) fully indemnifies them in the case where a member tries to sue them. The AAC needs to be protected in all areas, by the waiver in their upcoming Winter Mega Super Ultra Whatnot Event. Although the current waiver provides some protection against the indemnification of the business, there are some necessary changes to be made for complete protection. To improve the waiver, the Civil Liability Act 2002 (NSW) 1 , (further referred to as CLA), should be examined. Divisions 4 and 5 of this act require specific attention. To further improve the waiver, I will also utilise the Law of Precedent to compare past jurisdictions with the potential circumstances that could arise out of the event. Relevant Legislation: The CLA guides the AAC as to how they can structure their waiver, so they are fully indemnified in the case that a member tries to sue them after their event. Guidance for this is provided in Division 5 which addresses dangerous recreational activities and where liability for negligence is applicable 2 . Division 5 specifically includes the terms ‘dangerous recreational activity’ and ‘obvious risk 3 ’. Thus, in Division 4, the meaning of an obvious risk is outlined as risks that are ‘obvious to a reasonable person’ 4 and are a ‘matter of common knowledge’ 5 . It further states that a risk of an event occurring is an ‘obvious risk’ even though it may have a ‘low chance of occurrence’ 6 . In terms of the waiver, the CLA states that in terms of liability for negligence to a person who suffers injury, the person should be ‘aware of the risk of harm’ in the activity they are doing if it was an ‘obvious risk’ 7 . Further, Division 5 outlines that ‘dangerous recreational activity' applies to activity involving risk of significant injury. 8 Seeing as the AAC’s event will be providing paintball, parasailing and an extreme obstacle course, these activities are considered applicable to the above definition. Hence, the above divisions 4 and 5 of the CLA are very important to be considered in the development of the AAC’s waiver. Close attention to these will protect AAC from becoming liable for harm suffered for 1 Civil Liability Act 2002 (NSW).

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