Tutor Quora

MPA604 Liverpool Catholic Club Ltd V Moor

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

MPA604 Liverpool Catholic Club Ltd V Moor

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

MPA604 Liverpool Catholic Club Ltd V Moor

0 Download5 Pages / 1,224 Words

Course Code: MPA604
University: Bellevue University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United States

Question:
Advise Molly whether she could sue the Phillip Island eco resort. What defences could be raised by the resort?

Answer:
Relevant Law
The law of negligence imposes liabilities on the defendant for the losses that are incurred upon the plaintiff because of his actions. The defendant is held to be negligent when: (Latimer 2012)

The defendant is under the legal duty to provide care to the plaintiff. The duty is imposed upon the defendant provided the plaintiff is the neighbor of the defendant (Donoghue v Stevenson[1932]). The plaintiff is neighbor when the acts/omission of the defendant impacts the plaintiff directly (Liverpool Catholic Club Ltd v Moor [2014]. Also, the plaintiff must be reasonably foreseeable by the defendant (Council of the Shire of Sutherland v Heyman – [1985])
When the legal duty of care is not met by the defendant. The legal duty is violated when the level of care that is expected at any given situation is not met and thus falls short of the required level of care (Bolton v. Stone[1951]. The level of care is different at different situations, that is, higher the danger higher the level of care and lower the danger and lower the level of care (Sebastian Pty Ltd v. Minister Administering the Environmental Planning and Assessment Act 1979 (1987).

Because of the breach there is loss that is caused to the plaintiff. The loss that is caused must not be remote in nature and should be caused because of the acts/omissions of the defendant (Australian Safeway Stores Pty Ltd v. Zaluzna(1987).

When all the three elements are combined with then there is negligence on the part of the defendant.
But, the defendant can take the defense of contributory negligence by proving that the loss that is imposed on the plaintiff is because of the acts of the plaintiff as well along with the acts of the defendant. So, the plaintiff has also contributed for his own loss and thus the liability of the defendant should be reduced proportionality.
Application of law
Series Phillip Island Eco is a resort wherein there are a series of huts which are grouped together. The huts are accessed with the help of brick paths. The resort has a swimming pool along with which there is a communal dining room which is equipped with changing rooms and toilets. All the guests are given towels when using the pool.
Also, there is a beach which is part of the resort and the brochure of the Series Phillip Island Eco describe as a perfect place for sunbathing. The secluded rocky beach can be reached with the help of 2 unpaved dirt paths.
Molly is one of the guests at the resort.
Now, at this stage it is submitted that the Series Phillip Island Eco is under a duty of care against Molly. This is because Series Phillip Island Eco is aware that Molly is one of the guests at the resort and any actions or the services that are provided by Series Phillip Island Eco will affect Molly directly and thus Molly and the resort are neighbors of each other. Also, Series Phillip Island Eco can reasonably foresee the presence of Molly. So, there is a duty of care that is imposed on Series Phillip Island Eco to provide such services and take such actions which does not hamper Molly in any manner whatsoever (Donoghue v Stevenson).
However, Series Phillip Island Eco is not able to cater the duty that is imposed upon it and there is breach of duty of care. It is submitted that at the resort there was a deep rock pool wherein people are seen swimming and can be reached by climbing over some rocks. Molly wished to dive at the same pool. However, the pool is not safe for diving. This information was nowhere displayed by Series Phillip Island Eco as there were no sign boards which provide a warning of any danger that is present at the pool. The staff of the resort are trained that they must advice the guests that the pool is not safe for diving. However, no such advice is also furnished by the staff of Series Phillip Island Eco. Thus, the level of care that is expected from the staff of Series Phillip Island Eco and no display of warning notices has resulted in the violation of the duty of care that is expected from Series Phillip Island Eco in the given situation (Sebastian Pty Ltd v. Minister Administering the Environmental Planning and Assessment Act 1979 (1987).  
Series Phillip Island Eco is aware that guests are using the pool which is not safe for diving and still has not made any attempt to bring such danger in the notice of the guests nor the staff of the resort was diligent enough to bring the danger within the notice of the guests. Thus, there is a clear breach of duty of care on the part of Series Phillip Island Eco.
Now, it is submitted that there was a large rock at the edge of the rock. Molly founds the same perfect for diving. There were no staff of the Series Phillip Island Eco that were present which can gave advice to Molly that the pool is not safe or diving. Thus, Molly dives in the pool and hit her head on a submerged rock at the edge of the pool. The rock was not by Molly not there were any notice that brings that same within the knowledge of Molly. Because of the fall, Molly suffers with severe spine and head injuries.
It is now submitted that the injuries that are caused to Molly is because of the breach of duty of care on the part of Series Phillip Island Eco and thus there is presence of causation. The breach of duty of care is the result of the loss that is caused to Molly. If there would have been warning noticed or if the staff would have advice Molly, then, there are chances that the loss would have not been suffered by Molly.
Further, Series Phillip Island Eco can reasonably foresee the loss that is suffered Molly. Series Phillip Island Eco is aware that people are swimming at such pool and there are full chances that someone might suffer injuries as the pool is not safe for swimming. Thus, the suffered by Molly is not remote.
So, the resort is negligent is its actions.
However, Series Phillip Island Eco can take the defense that Molly has not asked any person before she went for the rocky beach. Thus, she has also contributed to her own risk as she did not ask any person of the resort before diving. So, the resort can take the defense of contributory negligence.
Conclusion
It is concluded that the resort is negligent in its actions for the losses of Molly. Further, the resort can take the defense of contributory negligence and can reduce its liabilities accordingly. 
Reference List
Books/Articles/Journals
Paul Latimer.  Australian Business Law. 2012. CCH Australia Limited. 
Case Laws
Australian Safeway Stores Pty Ltd v. Zaluzna (1987) 61 A.L.J.R. 180.
Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078 
Council of the Shire of Sutherland v Heyman – [1985] HCA 41. 
Donoghue v Stevenson [1932].
Liverpool Catholic Club Ltd v Moor [2014] NSWCA 394.
San Sebastian Pty Ltd v. Minister Administering the Environmental Planning and Assessment Act 1979 (1987) 61 A.L.J.R. 41

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.

E-mail

Yes, alert me for offers and important updates

Submit 

Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 5 pages

PAY 3 USD TO DOWNLOAD

*The content must not be available online or in our existing Database to qualify as
unique.

Cite This Work
To export a reference to this article please select a referencing stye below:

APA
MLA
Harvard
OSCOLA
Vancouver

My Assignment Help. (2021). Liverpool Catholic Club Ltd V Moor. Retrieved from https://myassignmenthelp.com/free-samples/mpa604-liverpool-catholic-club-ltd/submerged-rock.html.

“Liverpool Catholic Club Ltd V Moor.” My Assignment Help, 2021, https://myassignmenthelp.com/free-samples/mpa604-liverpool-catholic-club-ltd/submerged-rock.html.

My Assignment Help (2021) Liverpool Catholic Club Ltd V Moor [Online]. Available from: https://myassignmenthelp.com/free-samples/mpa604-liverpool-catholic-club-ltd/submerged-rock.html[Accessed 18 December 2021].

My Assignment Help. ‘Liverpool Catholic Club Ltd V Moor’ (My Assignment Help, 2021) accessed 18 December 2021.

My Assignment Help. Liverpool Catholic Club Ltd V Moor [Internet]. My Assignment Help. 2021 [cited 18 December 2021]. Available from: https://myassignmenthelp.com/free-samples/mpa604-liverpool-catholic-club-ltd/submerged-rock.html.

×
.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}

×

Thank you for your interest
The respective sample has been mail to your register email id

×

CONGRATS!
$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1
month.

Account created successfully!
We have sent login details on your registered email.

User:

Password:

Are you looking for an online math question solver? Look nowhere else, and hire us right away. MyAssignmenthelp.com is dedicated to providing you with paper writing service. It will hardly matter if you are stuck with algebraic equations or problem sums associated with trigonometry; we have the best solutions for you. Simply ask us to “do my math”, and allow our math homework writers to solve all tricky problem sums. Specify your requirements, upload all necessary files, and expect your Math homework to be sent across, much ahead of the actual deadline.

Latest Management Samples

div#loaddata .card img {max-width: 100%;
}

MPM755 Building Success In Commerce
Download :
0 | Pages :
9

Course Code: MPM755
University: Deakin University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answers:
Introduction
The process of developing a successful business entity requires a multidimensional analysis of several factors that relate to the internal and external environment in commerce. The areas covered in this current unit are essential in transforming the business perspective regarding the key commerce factors such as ethics, technology, culture, entrepreneurship, leadership, culture, and globalization (Nzelibe, 1996; Barza, 2…
Read
More

SNM660 Evidence Based Practice
Download :
0 | Pages :
8

Course Code: SNM660
University: The University Of Sheffield

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Kingdom

Answers:
Critical reflection on the objective, design, methodology and outcome of the research undertaken Assessment-I
Smoking and tobacco addiction is one of the few among the most basic general restorative issues, particularly to developed nations such as the UK. It has been represented that among all risk segments smoking is the fourth driving purpose behind infections and other several ailments like asthma, breathing and problems in the l…
Read
More
Tags:
Australia Maidstone Management Business management with marketing University of New South Wales Masters in Business Administration 

BSBHRM513 Manage Workforce Planning
Download :
0 | Pages :
20

Course Code: BSBHRM513
University: Tafe NSW

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answer:
Task 1
1.0 Data on staff turnover and demographics
That includes the staffing information of JKL industries for the fiscal year of 2014-15, it can be said that the company is having problems related to employee turnover. For the role of Senior Manager in Sydney, the organization needs 4 managers; however, one manager is exiting. It will make one empty position which might hurt the decision making process. On the other hand, In Brisba…
Read
More

MKT2031 Issues In Small Business And Entrepreneurship
Download :
0 | Pages :
5

Course Code: MKT2031
University: University Of Northampton

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Kingdom

Answer:
Entrepreneurial ventures
Entrepreneurship is the capacity and willingness to develop, manage, and put in order operations of any business venture with an intention to make profits despite the risks that may be involved in such venture. Small and large businesses have a vital role to play in the overall performance of the economy. It is, therefore, necessary to consider the difference between entrepreneurial ventures, individual, and c…
Read
More
Tags:
Turkey Istanbul Management University of Employee Masters in Business Administration 

MN506 System Management
Download :
0 | Pages :
7

Course Code: MN506
University: Melbourne Institute Of Technology

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answer:
Introduction
An operating system (OS) is defined as a system software that is installed in the systems for the management of the hardware along with the other software resources. Every computer system and mobile device requires an operating system for functioning and execution of operations. There is a great use of mobile devices such as tablets and Smartphones that has increased. One of the widely used and implemented operating syste…
Read
More
Tags:
Australia Cheltenham Computer Science Litigation and Dispute Management University of New South Wales Information Technology 

Next

Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog

11174 Introduction To Management

Free Samples 11174 Introduction To Management .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} 11174 Introduction

Read More »