Hypothetical Problem Question

2 Found helpful • 4 Pages • Essays / Projects • Year: Pre-2021 • Previously uploaded under: LAW203 - Torts

90yr old Alice spent most Thursday afternoons at the local RSL Club playing Bridge with the 'girls'. They formed a team and decided to find other like-minded groups and challenge them to tournaments. Much to their delight after advertising in the local Daily Digest Newspaper, they were contacted by a group calling themselves the 'Beach Bats', who gathered at their local bowls club for the same purpose. There followed a monthly friendly game and all went well until one Thursday afternoon the entrance to the RSL Club was undergoing repairs and the ladies were told they had to enter from the back of the building. Alice was quite concerned about this because the back door could only be accessed by a steep ramp and she relied on 'Felix', her walking frame, for support. Everyone encouraged her however and pointed out that at least it was a ramp and not stairs which would be impossible to tackle with the walking frame. Alice made it into the Club safely but all went badly on the way out; the ramp was not an approved disabled access and was very steep, she lost her balance halfway down and lost control of 'Felix', tumbling down the ramp and breaking her hip. Alice's daughter Tasmin was on her way home from work when she received the call from one of Alice's friends to tell her what had happened. Tasmin was entering a crowded train station at the time and was deeply upset to hear that her mother had been rushed to hospital in an ambulance. She was focusing on the conversation and trying to get some clear answers from Alice's friend and this meant that she did not see a barrier that had been constructed at shin height warning pedestrians that there was a hole in the pavement. Tasmin tripped on the barrier and stepped awkwardly into the hole breaking her ankle. Discuss the duty of care owed by the RSL Club and the Railway Station (do not consider standard of care in too much detail but there is a need to consider the extent of the potential duty in these circumstances).

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