Expository Essay Topics
Expository Essay Topics
Expository Essay Topics
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2. If so, was that duty of care contended for by the respondent to warn him of that
obvious risk for the purpose of s 5H(1) of the Act .
Meagher JA at found that the appellant did not owe a duty of care to the respondent to
provide a warning of the obvious risk, as establish in s 5F(1) of the Act . None of the
specific exceptions provided in s 5H(2) of the Act were raised, thus the respondent was
not liable and the reason for appeal upheld.
3. Whether the activity of walking down the stairs was part of the dangerous recreational
activity of ice skating within s 5K of the Act .
Meagher JA agreed with the primary judge, that the act of descending the stairs was
not part of a dangerous recreational activity but merely a preparatory act. Thus, for the
purpose of s 5K and s 5L(1) of the Act , the defence was not applicable and the ground of
appeal dismissed.
4. Whether the No Responsibility sign contained a warning for the risks involved in
descending the staircase.
Meagher JA held that the No Responsibility sign did not adequately address the risks
associated with descending the stairs with skates. Additionally, His Honour sought to