- Mark, Peter and Mary were out on a Saturday night celebrating the successful
formation of a new business venture. They went to a special restaurant up in the
hills, Hilltop Point, to mark this occasion. After a great night of eating and
drinking, they decided to continue their party at Watchout Point, a scenic hilltop
spot with a spectacular view of the city. On their way, they stopped at a bottle
shop to buy 2 bottles of premium French champagne.
When they reached Watchout Point, they parked the car at the car park which was
located at the top of the cliff. There was a 2 meter fence to prevent people from
going beyond that point as it was not far away from the cliff edge. There were no
warning signs but the cliff was very visible. Anyone can very clearly see the
cliffs. In fact, the cliff was part of this beautiful scenery which attracted visitors.
At first, the trio sat in the car and chatted and drank champagne. As the night
progressed Peter, who had too much to drink, got out of the car and dared the
others to climb over the fence and walk to the edge of the cliff. While the others
were reluctant, Peter climbed over the fence and walked to the edge of the cliff.
He lost his balance and fell off the cliff and broke his leg. Peter wishes to sue the
Willow Council who is responsible for Watchout Point.
What must Peter do to establish a breach of duty by Willow Council? Is Peter
likely to succeed in establishing such a breach? Give reasons for your answer.
The champagne bottle that the trio purchased had a very special kind of cap.
Instead of the usual cork held in place by wire, it had a metal cap and a cork
stopper. Mark opened the cap and tried to pour the champagne into a glass. When
nothing came out he shook the bottle a little. The cork stopper suddenly ejected
and hit Mark’s nose. He sustained a blood nose and was in pain for 3 weeks.
There wasn’t any warning anywhere in the bottle about this kind of cap. This sort
of cap is very common in France and used by most French wineries.
Mark wishes to sue the wine company. Will he succeed? What must he establish?
Use the IRAC (Issue, Rule, Application & Conclusion) method to answer your
question.
