Assignment title: Management
Kim, Anastasia and Antonio started a dot-com company 2 years ago. In the second year the company nearly doubled its profit from the previous year. They were elated and to celebrate this occasion, on Friday night they went to a special restaurant up in the hills, The Cliffs. After a great night of eating and drinking, they decided to continue the party at Steep Point, a scenic hilltop spot with spectacular views of the city. They purchased 2 bottles of premium French champagne form the restaurant and took that along with them. They parked the car at the car park at Steep Point which was located at the top of the cliff. The carpark was not far away from the cliff edge and there was a 2 meter fence to prevent people from going beyond that point. There were no warning signs but the cliff was very visible. Anyone could very clearly see the cliffs. In fact, the cliff was part of this beautiful scenery which attracted visitors to this place. At first, the trio sat in the car and chatted and drank champagne. As the night progressed, Kim, 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, Kim climbed over the fence and walked to the edge of the cliff. He lost his balance, fell off the cliff and broke his leg. Kim wishes to sue the Ipswich Council who is responsible for Steep Point.
Question 1. Will Kim be successful in suing Ipswich Council (Australia)? Give reasons for your answer. (800 words)
QUESTION 2:
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. Antonio 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 Antonio's nose. He sustained a blood nose and was in pain for 3 weeks. There wasn't any warning anywhere on the bottle about this cap. This sort of cap is very common in France and used by most French wineries.
Question 2. Antonio wishes to sue the wine company. Will he succeed? What must he establish? (200 word
Notes:
This is a case of Australia (queensland).
Use the IRAC (Issue, Rule, Application, Conclusion) method to answer this question. A good answer will:
(a) Identify the issue/s in the question by discussing them in order of importance.
(b) Be structured in a clear and logical manner that it is easy to read and understand.
(c) Cite relevant authority to support your arguments
(d) Present good arguments that demonstrate clear understanding of the legal principles raised in the questions.