Commercial Law - Patrick’s Legal Rights - Essay Writing Law Assignment Help

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Assignment Task:

QUESTION ONE

Patrick took his six year old son, Benjamin, to Waverley Pools, a local outdoor swimming and aquatic centre, to enjoy an afternoon of fun on the slides which the facility offered.   

At the entry to the slides section of the swimming and aquatic centre, a lifeguard asked Patrick the age of Benjamin. On learning of Benjamin’s age, the lifeguard advised Patrick that it is a rule of the use of the slides that a parent or guardian of a child six years of age or younger must wait for the child in the pool at the bottom of the slide and to render any assistance to the child if necessary. 

Benjamin enjoyed a few runs down the slide. As required under the aquatic centre’s rules, Patrick waited for Benjamin at the bottom of the slide and ensured that he was safe each time he splashed into the pool.   

However, on one occasion, as Patrick was helping Benjamin at the foot of the slide another child hurtled down the slide only seconds after Benjamin.  The other child’s foot made contact with Patrick’s left eye. The contact caused a rupture to the cornea of his eye.  

Patrick was taken to hospital and underwent emergency surgery.   The damage to his eye was not reparable.  The surgeons advised Patrick that he will suffer severe loss of vision in his left eye.   

As a result of this injury, Patrick incurred a number of medical costs and is now no longer able to do his pre-injury work.  He has taken on alternative employment which pays less than his previous job.

Patrick claims that The Waverley Pools failed adequately to supervise the use of the slide by children and failed to control when a child is allowed to descend from the top of the slide.

REQUIRED:

Advise Patrick as to any of his legal rights against Waverley Pools.

QUESTION TWO

Michael loves fishing, and has decided to buy a speedboat. He takes his daughter Charlotte to Feliciano’s Second-Hand Boats, looking for a speedboat. Michael finds a speedboat that he likes. It has a sign next to it saying: 

Gonzales Gazelle 1200

only 2 years old

$15,000

Michael speaks to Feliciano, who owns the store: ‘I’m interested in buying this boat. Can you tell me about it?’

‘Sure!’ replies Feliciano. ‘It’s a fantastic boat. I think it’s our best value boat here.’

‘I want to go out deep sea fishing with Charlotte here on the weekends,’ explains Michael.

‘Well, then a Gonzales is the perfect brand for you. They’re made for ocean conditions. The Gazelle 1200 is their most popular model.’

‘Great. I think we’ll get it then,’ decides Michael.

Feliciano then asks, ‘Would you like to have a look inside the cabin?’

‘No, that’s fine,’ says Michael. ‘Everything looks fine from out here.’

Feliciano prepares the written sale contract, and Michael signs it. They complete the sale, and Michael takes the Gonzales Gazelle 1200 home. 

The next weekend, Michael takes Charlotte out for a fishing trip. They head out to sea. When they have been driving the boat for about an hour, the engine overheats and it stops working. Michael cannot restart the engine, so he heads into the cabin to find the emergency radio. He sees that the wooden interior is half rotted away. Michael uses the radio to call the coast guard, who come and tow them to safety. 

When Michael gets home, he does some research and finds out that the Gazelle 1200 is not Gonzales’s most popular model. Instead, they are known to have unreliable engines. 

Michael looks at the written contract, which says nothing about the statements Feliciano made during their conversation. He still thinks that these were binding promises.

REQUIRED:

Advise Michael as to any of his legal rights against Feliciano. 

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