Discuss Peter’s case in terms of all the elements he needs to establish to be successful in a negligence action against James and advise Peter of any possible defences that James may use. In your answer, you must consider and apply any relevant statutory provisions and decisions from any relevant cases you have studied.

Practical Management Science
6th Edition
ISBN:9781337406659
Author:WINSTON, Wayne L.
Publisher:WINSTON, Wayne L.
Chapter11: Simulation Models
Section: Chapter Questions
Problem 69P: The Tinkan Company produces one-pound cans for the Canadian salmon industry. Each year the salmon...
icon
Related questions
icon
Concept explainers
Topic Video
Question

James Mason is an excellent sportsman and in his earlier years he represented his country in basketball. James still plays competition basketball and also trains a District Representative Team preparing for the National Championships. James is required to keep accurate medical records for each member of the squad, especially recording any physical weakness or injury that they may display. James requires the District Team to train three nights per week on the outside courts that are provided by the Local Smithfield Council. The team trains under lights from 6:00pm to 7:00pm on Monday, Wednesday and Friday nights. James is always there to supervise the team and improve the team’s skills. On Friday 17th March it had been raining and two of the lights for the courts were not working and this resulted in very poor visibility for all players. However, James decided to go ahead with the training session even though it had been raining and the courts were very slippery and the lighting was very poor. James had noticed the lights were faulty (turning on and off occasionally) on the previous Wednesday evening’s training session and he phoned the Council the next morning to report the fault. Not long after the Friday session began, the tallest and most talented player Peter Harris collided with another player and fell heavily to the hard court. Peter was motionless and in severe pain and James immediately called an ambulance. The ambulance arrived and assessed the injury as extremely serious. Peter had broken his spinal cord. Peter’s treating doctor advised Peter that he was to spend the rest of his life in a wheel chair. James had recorded in his medical file on Peter, that he appeared to suffer from a weak or injury prone spinal, which had caused him to withdraw from several matches over the past season after he complained of severe soreness after completing training. Peter decided to sue James under the tort of negligence. He claimed that James should not have gone ahead with the training session.

Question: 

Discuss Peter’s case in terms of all the elements he needs to establish to be successful in a negligence action against James and advise Peter of any possible defences that James may use. In your answer, you must consider and apply any relevant statutory provisions and decisions from any relevant cases you have studied.
Expert Solution
steps

Step by step

Solved in 3 steps

Blurred answer
Knowledge Booster
Inventory management
Learn more about
Need a deep-dive on the concept behind this application? Look no further. Learn more about this topic, operations-management and related others by exploring similar questions and additional content below.
Similar questions
  • SEE MORE QUESTIONS
Recommended textbooks for you
Practical Management Science
Practical Management Science
Operations Management
ISBN:
9781337406659
Author:
WINSTON, Wayne L.
Publisher:
Cengage,