LLB152: Element of Breach- Torts Law Assignment

Internal Code: MAS1352

Torts Law Assignment:

Factual Scenario: The Headland to Headland is a four day mountain bike stage race that is held in the picturesque setting of the South West of Western Australia in the first week of February each year (‘the event’). Each day of competition equals one stage of racing. The event is organised by H2H Racing Pty Ltd. Joe Colnago and his friends Rob De Rosa and brothers, Ben and Peter Merckx, decided to enter the 2015 event. The men all take their mountain biking very seriously. They’ve spent many hours training for the event and are looking forward to it. Before the event Joe and his friends are divided over whether the recommendation to carry 2 litres of water per stage in a camelback reservoir in a backpack is truly necessary for the stages of the race. Joe (who is new to mountain bike racing as compared to Rob, Ben and Peter) decides for himself that he would rather rely on one 750 ml bottle of water per stage which he will carry on the bike cages in his bike. Joe is worried about taking on all the extra weight of a camelback, particularly when he often doesn’t get really thirsty on his rides. Joe’s decision is contrary to the race guide published by H2H Racing Pty Ltd.In the race guide it is stated: Competitors ought to be aware that the weather in this region is unpredictable and subject to extremes of temperature. In the month of the competition, high (hot) temperatures are expected, and participants are warned that the organiser [H2H Racing Pty Ltd] recommends participants carry a water bottle filled with electrolyte drink and a 2 litre capacity camelback (or similar) reservoir on their back filled with water. Competitors are warned that although there will be limited supplies of bottled water at aid stations (one aid station at the half way point of each stage of the race) there will not be enough if everyone who is participating needs refilling. Task: Joe has commenced an action against H2H in negligence. Assuming that H2H Racing Pty Ltd owes a duty to Joe, discuss whether there has been a breach of this duty of care. For the purposes of this question, you only need to consider the element of breach. For your information (and we will cover this in the ‘Defences to Negligence’ lecture) the following parts of the Civil Liability Act 2002 (WA) do not relate to the breach element and are NOT expected to be covered in your answer: 1. Part 1A, Division 4 — Recreational activities 2. Part 1A, Division 5 — Contributory negligence 3. Part 1A, Division 6 — Assumption of risk. You are not expected to discuss anything other than the element of breach. That is because by the time you receive the assignment, the element of breach will be the only one we have covered.