Bob, a very important business man in Squid Bay NSW, was about to close a deal on a shopping
complex. While driving his mobile rang and he pulled over on the side of the road to take the call. After
the call Bob did not check if any cars were approaching in the lane before pulling out onto the road.
Bob collided with Laura’s car and she was forced into the opposite lane resulting in Laura’s car hitting
Meredith’s car. Meredith suffered severe brain injury. Miraculously Laura was not injured and her car
hasn’t been damaged. However, the evidence indicates that Laura was going well above the speed limit
and if she had been driving within the speed limit she would have had time to react and avoid the
collision with Bob. Meredith is not negligent and therefore cannot be sued. Bob was severely injured.
Later that day Kevin hosted a small party at his house. Kevin had activities, such as egg and spoon
races, three legged races and apple bobbing. Kevin set up the apple bobbing in an inflatable paddling
pool. Apple bobbing involves players catching apples bobbing in water with only their teeth. Bob’s 14-
year-old son Craig attended the party and due to the sweltering heat was very hot and needed to cool
off with a swim. Seeing the inflatable pool Craig took a run up and dived into the paddling pool. Kevin
had carefully measured the level of the water in the pool to one metre. There was no signage indicating
the depth of the pool. Craig hit his head and as a result suffered serious injuries.
Advise the parties of their rights and liabilities in tort.
All events took place in New South Wales in November 2018.
Note –you are NOT required to discuss defences as this topic has not been completed at the
assignments due date.
Please DO NOT consider Motor Vehicle statutes and DO NOT discuss Criminal Law.
Focus on the material that has been covered in the LAW231 – Study Guide and lectures.
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