1. Relevant legal issue.
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Australian Adventure Club offer some adventurous games to people in order to them. Such as paintball, parasailing and much more (Appleman, Appleman and Holmes, 2016). There are lots of risks present in these games related to their life. During such adventurous games serious injuries may caused to people who playing the same. Before providing such game, club must sign legal contract with them in order to save themselves from any misconduct. If people signed the same contract then it is clear that if any types of injury or misconduct with happen with customer then there is no responsibility of club. In that case liability for club has not been occurred.
If members of club failed to frame such legal contract then various liabilities occurred to them. In the absence of such process, customers are file case against club and receive amount of compensation as well equal to damages caused to them. According to Contract (Applicable law) Act 1990, firm is responsible to file legal contract with consumer in order to clarify that if any serious injury occurred to customer then club is not responsible for the same. This act mentioned some rules, regulation and policies which are imposed on them and comply with them as well. The main purpose of such legislation is reduce conflict among both parties and remove liabilities of club (Ellis and Bussert, 2010). In which various types of term and conditions mentioned under law which are imposed on them.
2.1 Relevant legislation.
Australian Adventure Club provide adventurous games to people which involved risks and serious injuries as well. So that, Civil Liability Act 2002 has been imposed on them. It consists various types of rules and regulation. Members of club are bound to perform functions according to such mentioned rules (Shaheen, Cohen and Martin, 2013). This act mainly deals with damages occurred and create liability on other party. Furthermore, this concept is related to personal responsibility as required under this act.
The main purpose of such act is to reduce liability of another person if they comply with liability waiver. Thus, it is legal document which is considered as prof for club. Through this it is clear that club is bound to pay amount of compensation if any serious injury or misconduct happen with customers. As members of club are completely safe from such legal obligations. It can safe one party from such legal obligations.
2.2 Ratio decidendi.
Ratio decidendi is rule of law which is considered as judicial decision related to cases of parties. It is the particular judgement which is provided by legal authorities in order to resolve cases of parties. Furthermore, it is general rule which binding on courts of jurisdiction. As per rule of Tort law liabilities, one person is responsible to fulfil their obligation to comply with legal duty. If any misconduct happen to another person then first person is responsible to pay amount of compensation equal to damages occurred.
Case:Donoghue v Stevenson 1932, in this case it has been stated that Mrs Donoghue lodge complaints against Stevenson. She found decomposed snail from bottle of ginger beer which she purchased from defendant. As per the decision of court her case become successful and defendant considered as guilty and responsible to pay amount of compensation.
There are various types of rules mentioned under this act. Parties have to comply with such rules which are imposed on them. As per the rule of liability waiver club is responsible for any misconduct will happen with their customers (Silver, 2013). This the legal document which is signed by both the parties in which clearly mentioned that if people use parasailing and paintball game and during this any type of serious injuries caused to them then club is not able to pay any amount or not responsible to for them same. Through this no liability is create against club, as it is completely safe from legal obligations.
3. Fact problems.
If liability waiver is not maintain by club and not framed legal contract then big liability imposed on members of club and they are bound to pay amount of compensation equal to damages which are claimed by plaintiff (Sweet, 2011). So that, club have to maintain such legal document in order to protect their existence.
From above report, it is concluded that paintball and parasailing are two dangerous games in which lots of risks contained of serious injuries. So that, Australian Adventure Club needs to prepare liability waiver. Frame legal contract with customers at the time of offer such games to them.
Books and Journals
Appleman, J.A., Appleman, J. and Holmes, E.M., 2016. Contract Concerns: Reinsurance Contract Formation, Validity, And Judicial Construction (Vol. 14). Appleman on Insurance Law and Practice.
Ellis, A. and Bussert, T., 2010. Stemming the tide of postconviction waivers. Crim. Just., 25, p.28.
Shaheen, S., Cohen, A. and Martin, E., 2013. Public bikesharing in North America: early operator understanding and emerging trends. Transportation Research Record: Journal of the Transportation Research Board, (2387), pp.83-92.
Silver, J., 2013. Houston, We Have a (Liability) Problem. Mich. L. Rev., 112, p.833.
Sweet, J., 2011. Did Equine Liability Acts Save the Horse Industry. Drake J. Agric. L., 16, p.359.