Explain what action or actions Lance and Cadella could bring against Parramatta Council.

Prescribed Textbook

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Prescribed Textbook

Gibson & Fraser, Business Law, 8th edition, Pearson, Sydney, 2014

Recommended Reading

Vickery, R, Australian Business Law, 7th edition, Pearson, Sydney, 2012.

Question 1 (10 marks)

Lance was riding his bike along a pathway that followed the edge of the Parramatta River in Western Sydney. Lance was an experienced cyclist. Last Saturday he was towards the end of a 30 km ride, which he was undertaking with his wife, Cadella. The path that Lance was riding on included a road crossing, at a street called Macquarie Avenue. The pathway ran downhill as it approached Macquarie Avenue. Lance braked as he got to the bottom of the hill and looked left and right to see if there were any cars on the road. As there was no traffic, he proceeded across Macquarie Avenue to the pathway leading into the park on the other side of the road. It so happened that Parramatta Local Council had strung a chain across the pathway at the entrance to the park on the other side of the road. Lance did not see the chain until he was about 10-12 feet away from it. He braked, but not in sufficient time to stop before colliding with the chain. He skidded, and the front wheel of his bike caught in the chain. He was catapulted over the handlebars, landing on his head.

Lance was unable to estimate the speed that he was going at the point of collision with the chain. He said he braked as he came to the bottom of the hill. Lance had cycled this particular route the previous Sunday, but there was no chain across the entrance to the park at that time. The chain had been placed across the pathway two days before the accident to stop cars from entering the park illegally. It was painted grey, the same colour as the footpath. Lance understands that part of being an experienced cyclist was appreciating the environment in which the ride was taking place.

An aspect of that appreciation was recognising that conditions sometimes change. Lance also understood that if he had been riding “a bit slower” the chances were he would have “been able to stop before the chain”. A couple of minutes later, Cadella arrived at the scene of the accident to see her husband sprawled on the ground. The scene was horrific. Her husband was on the ground unconscious, and he had blood pouring out of a deep cut in his head. Lance was in hospital for a number of weeks after the accident, and it was only after the first week that Cadella thought he was going to survive. As a result, Cadella suffered nervous shock.

Explain what action or actions Lance and Cadella could bring against Parramatta Council. Do not discuss damages.

Marking Criteria

Demonstrated knowledge and understanding of contract law 30%

Demonstrated knowledge and understanding of tort law 30%

Ability to apply case law and statute to support an argument 20%

Presentation of the work in a clearly written and scholarly essay 20%

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