Equipment at MG’s Fitness Centre - Relevant Law - Category and Special Disability - Business Law Assignment Help

Assignment Task :

Question 1: 

In March 2020, in response to an advertisement, Ryan went to MG’s Fitness  Centre and inspected the premises. During that visit Ryan was persuaded to  sign an annual membership written agreement which cost him $450 and for  which he is able to use any of the equipment at MG’s Fitness Centre as often as  

he wants during the next 12 months. One evening in July, after work, he was  bench pressing some weights at the fitness centre when the bench he was  leaning on collapsed and as a result Ryan was badly injured when the weights  fell onto his leg. Inspection revealed that the bench was unsafe as a result of a  failure by the Fitness Centre to maintain it properly largely due to the Fitness  Centre buying cheap badly worn equipment and benches to save costs. 

MG’s Fitness Centre deny any liability and are seeking to rely on the following  clause in the signed agreement that Ryan signed in March 2020. 

The member hereby absolutely releases MG’s Fitness Centre, its  employees and agents from any claim howsoever arising either during  the term of this agreement or at any time thereafter by reason of the  Member suffering any personal injury sustained by the Member in or  about the Fitness Centre premises including any claims for personal  injuries arising from and out of any negligence of any other member or  any other person using the Fitness Centre premises and the Member  hereby acknowledges that he or she uses the premises and all its  facilities entirely at his or her own risk. 

Ryan does not think this clause is fair and explains that it was never brought to  his attention when he signed the written agreement to become an annual  member of the MG’s Fitness Centre and that he did not in fact read this clause  as he was in too much of a hurry to start using the fitness equipment. Ryan is  seeking compensation for his medical injuries, which amount to $20,000 and  also a refund of all of the $450 membership fee as he does not wish to use  MG’s Fitness Centre any more. 

You are required to advise Ryan and MG’s Fitness Centre of their legal rights  and obligations in regard to this dispute. In your answer consider separately  the position under first the common law and then second also under the  Australian Consumer Law. 

Question 2: 

Bob was 84 years old and had been a farmer all his life. Tom was his nephew and  Bob liked Tom very much as Tom reminded Bob of what he was like when he  was younger. 

One evening after Tom had done some work on Bob’s farm, Tom asked Bob what  he was planning to do with the farm after he was no longer here. Bob said he  wasn’t sure but that he would like to keep the farm “in the family”. Tom  immediately replied saying he would like to own it one day but that as he had  just lost his fulltime job he did not think he could ever afford it. Bob decided  there and then and he said “well look, I think you can have the farm and we can  talk price later”. 

The next day Tom went to his lawyer friend, Marvin, and told him to prepare a  sale of land contract with the price for the sale of the land being $150,000 and  for settlement to be “one month after Bob goes to live in a nursing home”. Tom  told Marvin, “it’s okay as Bob said he wants me to have the farm”.  

The very next day Tom brings Marvin with him to Bob’s farm and mentions their  discussion about the sale of the farm the other day and whether Bob was serious  about what he said (meaning did Bob really want Tom to have the farm)? Bob  said yes he wanted the farm to stay in the family as long as he was taken care  of.  

Thereupon Tom handed Bob the sale contract for the farm and said to Bob,  “don’t worry about anything as you know Marvin, as he is your lawyer also, and  he prepared everything”. Bob didn’t think to ask what price was mentioned for  the sale as he trusted his nephew and Marvin and so Bob signed the sale of land  contract along with Tom and Marvin signed as a witness. Marvin did not suggest  that Bob receive any further independent legal advice. 

The approach to answering legal questions .at I prefer and that I would recommend all students apply is the RAC approach. This approach requires the following I, Identification of the legal issues raised bythe question e,g. economic duress or unconscionable conduct etc.

. Relevant Law- students are expected to discuss how the relevant law works e.g with unconscionable conduct, under the common law, it requires a person to be in a category &special disability and for the other parry. know this and to then take advantage of this. mentioning a relevant case or two would be useful at this point in your answer.

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