BUSINESS LAW

Introduction to Business Law

Introduction to Business Law

Areas of Law relating to the given scenario

The given scenario of Mike's falling on the ground, and being caught under the feet of crowd due to which he suffered a number of injuries relates to various areas of law. These include mainly:

Negligence misstatement

If one person or company had advised another person or the general public, regarding a happening of a serious injury. If that advice is not followed, than that party or company owes a duty of care to the other person or the general public which being advised. In the given case, the organizers of the concert had advised the people attending the concert that “crowd surfing” not allowed or prohibited in concert as it could result in a serious injury (Caparo vs Dickman 1990, Pp. 605).

Voluntary Assumption of Risk

Voluntary assumption of risk means that the plaintiff (the injured party) was fully aware of the risk at the time the harm was caused, and they voluntarily assumed that risk (Wrongs amendment act 2002, Pp. 35A).

Contributory Negligence

Contributory negligence means that the plaintiff (injured party) is also to blame for their injury. As it is negligence on the part of the plaintiff. The plaintiff failed to take reasonable care for his safety or the safety of their property, which contributed to the accident which caused the damage (Law Reform Amendment Bill 2001, Pp. 5).

Apportionment of Liability

At common law not a complete defense but legislation across Australia now provides that contributory negligence can be calculated to be 100% (Commissioner of Railways vs Ruprecht 1979, Pp. 142).

Dangerous Recreational Activity

Dangerous recreational activities are those activities that involve a significant risk of physical harm. A defendant is not liable in negligence for harm suffered by the plaintiff as a result of the materialization of an obvious risk of a dangerous recreational activity (Woods vs Multi-sport 2002, Pp. 116).

Defense- Limitations Period

In case of personal injury or death (which ever of the following period expires first)

3 years from the date on which the cause of action (right to sue) is discoverable by the person; or

12 years from the time of the act or omission alleged to have resulted in injury or death

(Flavo vs Australian Oztag 2006, Pp. 23)

In the given scenario, the first point of defense limitation period is applicable that is 3 years from the day the concert took place which caused Mike the injuries, and gave Mike right to sue the organizers of the concert.

The Legal Elements of the Action

The legal elements of action that Mike must prove in order to establish the case are that the organizers did not take sufficient measures to inform the people attending the concert regarding the prohibition of “crowd surfing”, and he did not read the sign stating “crowd surfing prohibited”.

Damage

Another legal element could be that he is filing a law suit within 3 years from the date the concert took place, therefore; he is legally entitled to and has the right to sue the organizers of the concert (Jaber vs Rockdale 2008, ...