Problem: Mary is librarian who enjoys horse riding in her spare time. Rachel is a professional horse rider. Recently, they both entered a cross country horse race organized by VCR Ltd over a route covering large stretches of unmade road in northern Victoria.
Both riders suffered serious injuries when they took wrong turns on a road that was not signposted and collided with vehicles. Their horses were both badly injured. Mary had a GPS navigation unit but did not bother to turn it on during the race and was talking on her smartphone at the time of her accident. Rachel on the other hand was later found to be drunk during the race. She claims she would drink alcohol before the race to feel less nervous.
The area where the event was held is in dense bush and has many tracks and roads - some of which are not on maps and GPS units. In previous years VCR had more staff involved in the planning of the event, but this year decided to save money and had fewer staff planning and mapping the event.
By reference to statute and at least (a minimum of) 4 relevant cases, advise VCR.
A. Whether the duty of care was breached (assume a duty of care was owed to Mary and Rachel)?
B. Whether any defenses can be used to limit or restrict liability?