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13 Pages • Essays / Projects • Year: Pre-2018
MARK: 75/100 Part 1 (this part is worth 65% of the marks for the assignment). In relation to the above facts answer the following 3 questions. 1. Does Jetty Jet Ski Adventures the owe a duty of care to: • Mei • Luli • Mario • Changying 2 Does Frighton Council owe a duty of care to: • Mei • Luli • Mario • Changying In each case consider the common law and the Civil Liability Act 2002 (NSW) as applicable. Consider whether Part 3, Section 42 and Section 43A of the Civil Liability Act 2002 (NSW) precludes recovery for any of the plaintiffs. Do not consider occupiers’ liability. 3 Is Jetty Jet Ski Adventures liable to Janet in the tort of private nuisance? Part 2 (this part is worth 35% of the marks for the assignment). Does the duty of care in negligence place reasonable limits on the duty relationships recognised in NSW since Donoghue v Stevenson? Critically respond to this question in the light of the facts above and at least one of the theoretical articles you have studied for this course.
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