Business Law Civil Act

Question: Describe about the Business Law for Civil Act. Answer: According to section 5L of Civil Liability Act 2002 accused is not liable for any harm suffered from risk which is obvious in nature and arise in any dangerous recreational activity. In this section, the defendant is not held liable for the negligence which cause harm to the plaintiff, if such harm was caused because of the risk which is obvious in nature and arise from the dangerous recreational activity in which plaintiff is engaged at his own will. This section was applied on the plaintiff in the case if plaintiff is not aware of the risk[1]. Section 5M of Civil Liability Act 2002 states that accused is not liable for harm caused to the plaintiff and he not own duty of care towards the plaintiff, if plaintiff engages in the dangerous recreational activity at his own will, and risk related to that activity was already conveyed to the plaintiff through warning. For the purpose of this section a risk warning is a warning which is given in that manner, which is suitable for warn the public in general way regarding the risk related to recreational activity. Defendant is not responsible whether person understands the warning or not[2]. According to section 5R which state the provision related to contribution of negligence. This Section determines the contribution of plaintiff in negligence of risk. In this court determine whether the person who got injured is equally negligent in taking precautions related to risk which is associated with the activity and cause harm to the plaintiff. For the applicability of this section court consider two factors: Whether plaintiff is in that position in which he avoid injury and take precautions. Court also determines how much plaintiff knew at that time[3]. For the applicability of the above sections it is beneficial that we discuss the meaning of dangerous recreational activity. According to Section 5K of Civil Liability Act 2002, dangerous recreational activity means any recreational activity which includes risk of physical injury. Recreational activity includes the following activities: It includes any kind of sport activity, whether or not that sport activity is organized. Any activity which is related to enjoyment, relaxation or leisure. Any activity which is done at places such as beaches, parks or any other places, in which public generally engage in sport or any other activity which relates to enjoyment, relaxation or leisure[4]. In this case Mid Winter Show organizers at Paynesville organize a chair-o-lift ride for the show which was happened in weekend. They arrange this ride for the second time, because they already arrange this ride in show happened in previous year. Billy and Meg attend the show and decide to enjoy the ride. They both purchased tickets for this ride from the ticket window. Attendant forgets to tell them that the conditions related to ride are mention in the ticket, but they both signed the conditions mention on the ticket. Billy and Meg notice that something was written on the ticket but did not read that writing, and sign the ticket without reading it. They both assume that this was mere entry ticket. Notice contains terms and conditions were stick on the central pylon in the middle of the ride. The notice which contain terms and conditions for right was faded, and terms and conditions mentioned on it was not shown properly. When Billy was getting off from the ride he fell, and he suffered hand and arm fractures. His teeth were also cracked. Billy wants to sue the organizers for damages. Organizers argue that clause was mentioned on the back of the ticket which states that person enjoy the ride at his own risk. The owners are not responsible for any physical harm caused to person because of the ride. In present case, the main issue was whether or not organizers are liable towards the Billy, who got physical injury at the time when he gets off the ride. In this case, section 5M, 5L and 5R of Civil Liability Act 2002 are applicable and organizers are not liable towards the Billy and do not own any duty of care. It was clearly mention that Billy and Meg both sign the tickets in which all the terms and warning consider the ride was mention, but they did not read the warnings and conditions and sign the ticket. It was also mention that Billy attends this show for the second time, and he already attended the same show organized in the previous year. In this section 5M was applied which states that if risk was conveyed to the plaintiff then defendant is not liable towards the plaintiff and in this risk was conveyed to the Billy through ticket which he signed. The second fact was Billy engages in dangerous recreational activity at his own will and according to section 5L of Civil Liability Act 2002 accused is not liable towards the plaintiff regarding risk which is associated in any dangerous recreational activity, and in this case Billy is entered into dangerous recreational activity. In this one more section that is Section 5R is also applicable which determine the contribution of plaintiff in the negligence, and in the present case Billy was second time attended the show and he was aware from the risk associated with it. Billy also sign the tickets in which all the terms and warning which convey the risk associated with the ride was mentioned but he sign the ticket without reading those warnings. Therefore in this case we clearly conclude that Section 5M, 5L and 5R of Civil Liability Act 200 was applicable, and organizers of Mid Winter Show were not liable for any damages towards Billy. Bibliography Legislation CIVIL LIABILITY ACT 2002 S 5L CIVIL LIABILITY ACT 2002 S 5M CIVIL LIABILITY ACT 2002 S 5R CIVIL LIABILITY ACT 2002 S 5K