Janet and her family went for a visit at the Singing Waters Resort on the North Coast for the Easter weekend. On the grounds of the resort was a garden filled with exotic plants. Janet’s 8 year old son Greedie saw some bright berries in the garden and had a few. They were poisonous and he fell seriously ill after consuming them. Janet’s other child, 10 year old Qriusfell down an abandoned well on the far end of the property where there was a worn out sign saying “DANGER, KEEP OUT”, AUTHORISED PERSONNEL ONLY”. Qrius is taken to a nearby by hospital with a broken leg.
Janet who is now quite distraught, has stormed into the Front Manager’s office at the Resort and demanded an explanation and how the Resort is going to compensate her and her family for this nightmarish weekend. The Manager told her that the Resort could not be responsible for her dilemma because proper notice were displayed and what kind of foolish child would go about the place eating wild berries and trespassing into where they don’t belong.
Janet is furious and after telling the Manager some choice words, she has come to you for legal advice.
1.With reference to a decided case or statute, define the following:
(a)Occupier3 marks
(b)Visitor3 marks
2.Using decided cases or statute to illustrate your answer, advise Junie of the Resort’s liability, if any, to Greedie.14 marks
3.Explain to Junie if Singing Waters could be held liable for Qrius’ injury given that he was trespassing in unauthorized areas of the resort. Use any decided case or statute to support your answer.10 marks
Rubric for Question 2
Identification of legal issue1 mark
Discussion of relevant law7 marks
Application of law to facts5 marks
Concluding advice1 mark14 MARKS
Rubric for Question 3
Case/statute description and analysis6 marks
Application to facts4 marks
10 marks
