Assignment Task
Assignment – For Marnie’s 19th birthday, she asked her parents if she could throw a small, backyard barbecue party at their house. She told them the potential guest list of 8 to 10 of her closest friends. Marnie’s parents, Joe and Hal, had met all the potential guests previously, and felt comfortable with them coming over to celebrate Marnie’s birthday. All the guests were between the ages of 18 and 21.
On the evening of the party, the guests arrived, and a bucket was filled with ice for people to store their beverages. Joe helped Marnie light the charcoal barbecue, and then left to go inside while the young adults cooked up their food. After about an hour, the cooking was done, and the barbecue was left to cool down. Joe and Hal checked in on the party and saw everyone was having a nice time. They decided to give Marnie and her guests a little privacy, so they left the house to go to a movie. When Hal and Joe returned from the movie it was around 11:00 pm and they could hear laughter and music coming from the backyard. They walked up to the group and saw some people dancing and others sitting and chatting.
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Get Help Now!There were a few empty beer bottles lying around and a whisky bottle being passed around the group. Out of a concern to prevent people from drinking and driving, Hal told everyone they were welcome to spend the night and could come crash inside whenever they were tired. Joe then asked if anyone was still hungry, and they all said ‘no’. Joe and Hal told them all to have a good night and then went inside and went to bed. A couple hours later, a few people were starting to get hungry again. They decided to relight the barbecue but were having difficulties getting it started.
Marnie used the lighter fluid that Joe had used earlier, and while the charcoal was starting to smoulder a little bit, they couldn’t get it going strong enough to cook any food. Marnie’s friend, Orlando, then disappeared to the back shed for a couple minutes before emerging with a container of petrol that was ordinarily used for the lawn mower. His idea was to use the petrol to start the fire. He splashed a tiny bit of petrol on the charcoal in the barbecue, and it instantly erupted in a large flame. The flame went out almost as quickly as it arose, and the charcoal didn’t seem to be burning any stronger. He decided to try again, and the same thing happened. At this point, the rest of the guests were feeling uneasy about Orlando splashing the petrol, and they all urged him to stop.
Despite their protestations, Orlando continued splashing little bits of petrol, causing momentary flames to flash up from the barbecue. As this went on, he was becoming less and less careful, standing closer to the barbecue. Most people moved back from the barbecue out of concern for their safety, as the flames were getting bigger. They again urged Orlando to stop what he was doing, to no avail. Orlando then poured too much at once, forming a continuous stream of petrol from the container to the charcoal. The petrol caught on fire and arced back through the stream all the way to the container in Orlando’s hand. The entire container of petrol exploded.
Question 1:
(a) Ashleigh wants to bring a negligence claim against Joe and Hal, however, the facts of this case do not fit squarely within the scope of an established duty category. Do you think Ashleigh can, nevertheless, succeed in arguing that Hal and Joe owed her a duty of care to prevent harm caused by the criminal actions of Orlando? Why or why not?
(b) Regardless of your conclusion on Part (a), assume that a duty of care is owed and advise Ashleigh as to whether or not you think there has been a breach of that duty and why.
Question 2: Advise Ashleigh on whether Dr Cheng can rely on the fact that the CSAT technique was practiced by others in the field to avoid liability for the exacerbation of her injuries.
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