Case Study Question 2 - (15 marks) The Mid Winter Show organisers at Paynesville set up a temporary ride, the chair-o-lift for the Show weekend on the foreshore as they did at the previous year's Show. Yiming and Fatima were attendees of the Show, Yiming had recognised the ride as one he had been on the year before and at other regional shows and urged Fatima to go on with him, Yiming and Fatima purchased tickets for the chair-o-lift but the attendant forgot to tell them that the conditions of using the chair-o-lift were printed on the ticket but he did get both of them to sign the ticket. Yiming and Fatima saw writing and a number on the ticket but did not pay any attention to it, nor did they read it, assuming it was simply their entry ticket. On the central pylon in the middle of the chair-o-lift there was a notice with the terms and conditions of travelling on the chair-o-lift. The notice was faded and partly obscured by some advertising posters and graffiti. As they were getting ready to get off from the chair-o-lift, Yiming's foot got caught in the seat strap and he tripped and fell. Yiming fell about two metres off the platform, face first and cracked his front teeth and suffered hand and arm fractures. Yiming now wishes to sue the organisers of the Mid Winter Show for his injuries. The Show organisers argue that they are not liable because there was a exclusion clause on the back of the ticket which said: "Patrons on the chair-o-lift enter at their own risk. The owners and operators of the chair-o-lift accept no responsibility for injuries received by patrons howsoever caused". Further, the notice on the central pylon contained the same exclusion clause. Question: Advise Yiming whether he can successfully sue the Show organisers for his injuries? (Maximum word limit 1200 words) Notes 1. When answering the question, ensure that you: • identify the issue(s) raised by the facts • identify the relevant legal principles • apply the relevant legal principles to the facts • reach a tentative conclusion Guide to Formal Presentation General 1. The answer should be typed on A4 paper, on one side of the paper only, and with a margin of at least 4 cm. 2. Formal language should be used so avoid jargon, slang and colloquial abbreviations such as “don’t”. Ensure that you use correct spelling. 3. Headings and subheadings may be used if you think that this would assist the presentation of your material. Referencing sources of information 1. Avoid plagiarism by referencing your sources. Sources must be referenced where: • You are using someone else’s ideas • You are quoting directly from a source • You are paraphrasing someone else’s views (See Crosling G.M. and Murphy H.M How to Study Business Law- Reading, Writing and Exams, 3rded, 2000, p 122). 1. Footnotes should be used to reference your sources and should appear at the bottom of each page. Do not include substantive material in the footnotes. All substantive material should appear in the body of the assignment. Citation of cases 1. When you first refer to a case, you should cite the case in full, either in the text or in a footnote e.g. Mabo v Queensland (No 2) (1992) 175 CLR 1. The case name should be italicised or highlighted in some other way e.g. underlined or placed in bold letters. 1. When subsequently referring to the case, it is acceptable to use a common name for the case, such as “Mabo’s case” or “Mabo”. 1. Where a particular page or paragraph in the case is referred to, then the page number or paragraph number must be given e.g. “Mabo’s case at 9” indicates that the information came from page 9 of Mabo’s case. There is no need to write “page” or an abbreviation of the word page. Citation of statutes 1. When citing a statute, the name of the statute should be italicised and the jurisdiction should appear in brackets after the name e.g. Commonwealth of Australia Constitution Act 1900 (UK). 1. When a particular section in the statute is being relied on, then the section should be specified e.g. section 1. It is acceptable to use the abbreviation “s” for “section” or “ss” where more than one section is being referred to e.g. s 1 or ss 5, 6 and 7. However, when a sentence begins with a reference to a section, the word should always be written in full e.g. “Section 1 of the Commonwealth of Australia Constitution Act 1900 (UK) provides that ...” Secondary sources 1. When initially referring to secondary sources such as books, the author’s name and initials, full title of the book, edition (if relevant), publication date and page number should be given e.g. Crosling G.M. and Murphy H.M How to Study Business Law- Reading, Writing and Exams, 3rded, 2000, p 122. Bibliography 1. A bibliography listing all books and articles (not cases or statutes) used in the preparation of the assignment should appear at the end of the answer. Guidance from textbooks 1. Use your prescribed textbook and recommended texts as a guide to the way in which cases, statutes and secondary sources are cited and the manner in which legal arguments are structured.