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To celebrate the festive season and the end of semester the Griffith University Accounting staff attended a mid-week racing event at Eagle Farm in Brisbane. The accounting staff enjoyed themselves immensely placing bets, eating and drinking.
One of the accounting staff, Adair Devil who had consumed several glasses of champagne by the end of the day was encouraged by her peers to climb the racing perimeter fence. The fence surrounded the racecourse as a protective barrier between the racecourse and spectators. The fence was approximately 1.5 metres high. Adair climbed onto the top of the fence walked along the fence for a number of metres, but overbalanced. She fell onto the racetrack into the path of the racing horses. Adair was not injured by the horses, but her leg was broken by the fall.
One of the horses, Black Midnight, which was racing on the track when Adair fell damaged a leg when startled by Adairs presence on the track and has not been able to race since that day. The owners of Black Midnight seek compensation from Griffith University for the loss of potential winnings as they have been advised by an Equine Veterinarian that Black Midnight will never race again.
Adair seeks compensation from Eagle Farm Racing Pty Ltd, owners of the racecourse, as there were no warnings given of the potential danger of climbing the fence.
Is Eagle Farm Racing Pty Ltd liable to pay Adair compensation for her injuries? 10 marks
Is Griffith University vicariously liable to Black Midnights owners for the loss of potential race winnings?
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