Assignment
This assignment is due at the end of Week 10. You may use your textbook and the work we have undertaken in class to answer this question. You must write a minimum of 1500 words and a maximum of 2500 words for your response. You must reference your work.
Julius is a 25-year-old experienced surfer. On a hot summer afternoon Julius went to Summer Bay beach with some friends. Summer bay was under the care management and control of Summer Bay City Council. At the Northern end of the beach there were some steel water pipes that sent treated sewerage out to sea. These water pipes were not visible when standing on the beach sand. There used to be a sign warning the public of the underwater steel water pipes. But, the sign had fallen down two days ago and the Council has yet to replace the sign.
The council employed lifeguards whose duty it is to move the flags each day to the safest area for swimmers. From 10 am the flags had not been moved as the water conditions on the beach had not been changed. At 1 pm, Sully took over as the lifeguard. Seeing that the beach was getting crowded, Sully moved the flags to extend to the area for swimmers towards the northern end of the beach. Sully was a newly employed lifeguard and was new to the beach. Sully was unaware of the existence of the steel pipes. Julius has always been a careful swimmer. Julius was at the northern end of the beach and was swimming inside the safety patrolled area. Julius swam out about 15 metres into the waist deep water and dived through a wave hitting his head on a steel water pipe. Consequently, Julius became a quadriplegic (complete paralysis of the body from the neck down).
Julius will spend the rest of his life in a wheel chair and needs ongoing medical treatment that is likely to cost around 3 million dollars.
Julius claims that the council should have replaced the warning sign and that the council was negligent.
Consider and discuss Julius's case in terms of all the elements he needs to establish to be successful in a negligence action against the council.
Advise Julius of any possible defences that the council may use.
In your answer, you must consider and apply any relevant statutory provisions and decisions from any relevant cases that you have studied.
book is Australian principles of tort law 3 edition by pam stewart anita stuhmcke