Case Scenario: Jack is a builder who works on a building site in Maroochydore. Jack is a bit lazy and one day, in a hurry to leave early from work, he forgets to erect barriers around that part of the building site that adjoins the street.
Colleen, a mother of three, has parked her car near the building site. After a full day of shopping at the sales, she returns to her car carrying parcels in her arms that obscure her vision. She does not see that building material has spread out on the street from the building site and she trips, falling heavily and breaking her leg. A passer-by calls for an ambulance. The ambulance arrives and takes Colleen to hospital.
Colleen is in hospital for six weeks and unable to work at her full- time job as a Child Care worker. After leaving hospital she has had to attend a physiotherapist for exercises to strengthen her leg, which cost $120.00 per session. Colleen does not have private health cover. She has had to attend twice a week for the past 12 weeks. She has also been back to work only part-time as her leg becomes too sore if she is on her feet for more than 4 hours per day. Collen's mother has been helping her at home with the children.
Colleen comes to you for advice. She wishes to sue Jack in negligence.
Answer the following questions:
Question 1: Did Jack owe Colleen a legally recognisable duty of care at the time of the incident?
Question 2: If Jack owed Colleen a duty of care, did he breach that duty of care?
Question 3: Could Colleen prove the element of damage in an action in negligence against Jack?
Question 4: What defence, if any, could Jack raise against Colleen? How would proof of a defence affect Colleen's claim?
Question 5: What remedy could Colleen claim against Jack?
Confine your discussion to a consideration of Jack's personal liability in negligence.
Criteria:
1. Demonstration of knowledge of relevant business law principles and their sources.
2. Demonstration of understanding by analysis and reasoning in applying relevant principles to a given fact scenario in order to generate conclusions.
3. Demonstration of communication skills through written expression and presentation.
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