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Question: q patrick had always wanted to try parasailing parasailing involves...

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Q: Patrick had always wanted to try para-sailing. Parasailing involves becoming airborne by means of a parachute being towed at high speed by a boat. Patrick attended the office at Sky Thrills Pty Ltd, a provider of para-sailing activities and training, with the intention of trying para-sailing. Patrick signed a contract which provided, among other things, for basic training to a satisfactory level of competence and a statement that para-sailing is a sport which carries risks of injuries. Thecontract did not provide for any waiver of liability by Sky Thrills for harm resulting from failing to exercise reasonable care and skill in the provision of this activity.Patrick duly completed the required training and safety procedures. One of the safety procedures that was emphasised in training was only to use the parachute release lever while on the ground or in the water and not otherwise.Finally, Patrick was ready for take-off. Although it was, at the time, a low tide, Sky Thrill’s operator, Robert, advised that para-sailing could be conducted safely regardless of the tide. With the boat slowly moving forward, the winch was set to slowly release the 150 metre cable attaching Patrick to the boat. Patrick then signalled his readiness and the boat accelerated.Moments later, Patrick became airborne and, as the boat gathered speed, he rose higher and higher. Soon, he reached the maximum height of around 150 metres and was having a fantastic time gliding above the water as he was pulled along by the boat.Suddenly, the boat came almost to a standstill, swerved around, and took off in the opposite direction to which it had just been travelling. Just as suddenly, Patrick was jerked in the new direction being followed by the boat. This rapid action caused Patrick’s head to be flung backwards, resulting in a neck injury. Sensing that all was not well with the activity, Patrick decided to throw the parachute release lever. Instantly, Patrick fell, at least 100 metres, hitting the water and suffering four broken ribs.What had actually happened was that Robert had mistaken some sea-weed for a submerged wreck. Consequently, he took emergency evasive action to avoid it.

As a business advisor to Sky Thrills Pty Ltd, the directors have approached you to advise the company on the following issues prior to seeking formal legal advice:

a.Is Patrick likely to succeed in a negligence action against Sky Thrills Pty Ltdand/or its operator, Robert?

b. Will Patrick have to bear any liability for negligence as a result of this incident?

In your advice refer to relevant statute law and case law in negligence law only.

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