Assignment Task:
Task:
Letter of advice
The children in the Sagan family are keen cyclists and each of them competes in a different form of cycling. Their parents (Errol and Myrtle Sagan) have come to see you about some legal issues affecting each of the children (Eloise, Finlay, Alex and Charlie). You must prepare a letter of advice covering the issues below.**(Concentrate on the legal issues, rather than letter format and ‘niceties’)
Eloise (1,000 words)
The South Australian pedal prix championship is scheduled for a Sunday afternoon in December 2019 at Victoria Park, run by Pedal Prix SA Incorporated. The track is owned and managed by Adelaide City Council and has been designed for the Clipsal car race. It is fine for pedal vehicles in dry weather, but not really for the type of racing that the ‘velomobiles’ do in the pedal prix. Indeed, the night before the race it rains heavily and the track becomes very slippery.
The organisers are well aware of the dangers that this poses, but they make a judgement early in the morning that the track will be fine, and that competitors will simply be asked to ‘drive to the conditions’.
Eloise, aged 16, is one competitor. She has paid an entry fee of $20. This is her second championship. Soon after the race begins, the velomobile driven by Eloise is bumped into by an inexperienced rival driver (Ada), who has lost control of her velomobile in the slippery conditions. Eloise’s velomobile crashes through a barrier. She is injured and she spends three weeks in hospital having scans and treatment. Her recovery takes a long time and she is unsure if she will be able to return to pedal prix due to ongoing pain in her left leg.
Eloise (through her parents) wants to sue Pedal Prix SA Incorporated, Adelaide City Council and Ada, whose velomobile crashed into Eloise’s. Eloise is seeking damages for her pain and suffering in negligence.
Eloise will argue that Ada was driving negligently, but also that the track should never have been adjudged fit for racing. Eloise believes that the risks were foreseeable and not insignificant, and that the organisers failed to ensure that new drivers to the sport did not pose a risk to other competitors. Eloise says that the race should have been cancelled in view of the conditions.
From preliminary discussions, you understand that Pedal Prix SA Incorporated will rely upon, amongst other things, section 37 of the Civil Liability Act 1936 (SA), saying that the risks to drivers were ‘obvious’. They will also argue volenti and contributory negligence. You have not yet heard anything from Ada or from Adelaide City Council.
Consider the legal positions of Eloise and the three potential defendants (Pedal Prix SA Incorporated, Adelaide City Council and Ada) and advise Eloise as to the best course of action.
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