Breach of Duty of Care

Topics: Tort, Sydney, Law Pages: 3 (930 words) Published: May 11, 2008
Dear Mr. Thierry

I have read your letter about the incidents involving Free Running Australia. In my professional opinion, I believe you have a substantial case against this company and also, Sydney city council. Below I have outlined my main findings:

The parties you will be suing are Free Running Australia and Sydney City Council. This will appear formally on court notices like the following: Thierry misstatements v Free Running Australia and Thierry v Sydney City council. The main question (that if proved correct will result in action against these two parties) is 1) was Free Running Australia and Sydney City Council negligent in any manner, resulting in your damages? Below are the specific breaches that have occurred and how they related to what you will have to prove in order to succeed. The three main things you will have to prove to the magistrate are that the defendants:

- Owed you a duty of care
- Breached that duty of care
- Resulted in damages.

In proving that Free Running Australia and Sydney City Council owed you a duty of care and they breached that duty of care, the main defense you will face is that there is inherent risk in your activity. They will state that you assessed the risk and willingly partook in this activity. This is outlined in the Civil Liability Act and there has also been an incident of this appearing in the court system recently . Although aspects of this may be true, the entirety of it is not. If the expert of Free Running Australia said that the differences between parkour and free running were not important and that you had nothing to worry about, then he may be liable for making a negligent misstatement . Further more, his direct quote of saying “Free running always puts the safety of free runners before making the activity look spectacular”, directly contradicts the part of the agreement you signed that stated that the participants had to “make free running look spectacular by performing somersaults when...

Bibliography: Civil Liability Act 2002 (NSW) S 5K S 5I S 5M
Agar v Worsley (2000) HCA 41
Paris v Stepney Borough Council (1951) AC 367
Civil liability Act 2002 (NSW) S 5H
Civil liability Act 2002 (NSW) S 5D
Alexander v Cambridge Credit Corporation LTD (1987) 9 NSWLR 310
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