Prepare a Letter of Advice Covering the Issues - Law Assignment Help

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THERE IS AN APPROXIMATE WORD COUNT INDICATION FOR YOUR INFORMATION OF WHAT PERCENTAGE YOU SHOULD GIVE TO EACH PERSON.
The children in the Sagan family are keen cyclists and each of them competes in a different form of cycling. Their parents (Errol and Myrtle Sagan) have come to see you about some legal issues affecting each of the children (Eloise, Finlay, Alex and Charlie). You must prepare a letter of advice covering the issues below.**(Concentrate on the legal issues, rather than letter format and ‘niceties’)
 

Eloise (1,000 words)
The South Australian pedal prix championship is scheduled for a Sunday afternoon in December 2019 at Victoria Park, run by Pedal Prix SA Incorporated. The track is owned and managed by Adelaide City Council and has been designed for the Clipsal car race. It is fine for pedal vehicles in dry weather, but not really for the type of racing that the ‘velomobiles’ do in the pedal prix. Indeed, the night before the race it rains heavily and the track becomes very slippery.

The organisers are well aware of the dangers that this poses, but they make a judgement early in the morning that the track will be fine, and that competitors will simply be asked to ‘drive to the conditions’.

Eloise, aged 16, is one competitor. She has paid an entry fee of $20. This is her second championship. Soon after the race begins, the velomobile driven by Eloise is bumped into by an inexperienced rival driver (Ada), who has lost control of her velomobile in the slippery conditions. Eloise’s velomobile crashes through a barrier. She is injured and she spends three weeks in hospital having scans and treatment. Her recovery takes a long time and she is unsure if she will be able to return to pedal prix due to ongoing pain in her left leg.
Eloise (through her parents) wants to sue Pedal Prix SA Incorporated, Adelaide City Council and Ada, whose velomobile crashed into Eloise’s. Eloise is seeking damages for her pain and suffering in negligence.

Eloise will argue that Ada was driving negligently, but also that the track should never have been adjudged fit for racing. Eloise believes that the risks were foreseeable and not insignificant, and that the organisers failed to ensure that new drivers to the sport did not pose a risk to other competitors. Eloise says that the race should have been cancelled in view of the conditions.
From preliminary discussions, you understand that Pedal Prix SA Incorporated will rely upon, amongst other things, section 37 of the Civil Liability Act 1936 (SA), saying that the risks to drivers were ‘obvious’. They will also argue volenti and contributory negligence. You have not yet heard anything from Ada or from Adelaide City Council.
Consider the legal positions of Eloise and the three potential defendants (Pedal Prix SA Incorporated, Adelaide City Council and Ada) and advise Eloise as to the best course of action.
 

Finlay (600 words)
A new sports association, SA Sports Stars Inc (SASS) has been established by the SA Government with a view to preparing South Australian juniors for future careers in professional sports. Fifteen-year-olds are signing up for scholarships funded by the SA Government. They do so on the understanding that their training, coaching, medical expenses, sports clothing and equipment will all be provided by the government for three years (part-time of course, while they continue their schooling). In return, each young athlete will be bound to complete their training package for the entire three years or face a considerable penalty (a 24-month ban from any professional or semi-professional competition anywhere in Australia or New Zealand including representing their country), regardless of the amount of time remaining on the three-year contract.

Finlay, who is originally from New Zealand, was about to turn 15 years of age when he signed up for a cycling scholarship two years ago, with his parents’ blessing. His form is so scintillating that he has been approached by the Auckland Spokes (a semi-professional cycling team) to ride for them at AU$40,000 per season. According to the scholarship contract (which still has 12 months left to run), signing for the Auckland Spokes will result in a 24-month ban from competitive cycling, and the potential forfeiture of $80,000. Finlay also says that he would love to live with his grandparents in Auckland, whom he could care for while not racing.
Advise Finlay about the legal issues that arise in this situation.
 

Alex (500 words)
Alex is the marketing manager for the nascent South Australian Cycling League Inc (SACL), which has just signed up Hungry Jacks as a major sponsor. Alex uses a picture of cyclist Richie Porte in the SACL promotional material, which appears on a number of websites alongside the Hungry Jacks logo.
Porte is unhappy because he says it implies that he is endorsing Hungry Jacks and that he is being paid by SACL for his involvement, which he is not. Porte is seeking an injunction. Alex resists because he believes that the use of Porte’s image is the reason that SACL is receiving a lot of exposure and generating a lot of internet traffic on the SACL website. Hungry Jacks is also pleased, because commercially the sponsorship is paying dividends.
Advise Alex about the legal issues that arise in this situation.
 

Charlie (400 words)
Charlie is partially sighted. Like his siblings, he is a very keen cyclist. He cycles every Sunday morning with his parents and a friend through the Adelaide Hills. Their supervision is important to keeping him safe. He has a warning device on his bicycle that tells him when he is too close to an object or someone, as well as a video camera with an earpiece, manned by a friend nearby that allows him to be guided over different curves, twists and terrain safely, even in crowded areas. He has effectively used it several times without incident.
Charlie wishes to compete in the Tour Down Under community ride (just the last 15 kilometres) but his application has been rejected by the organisers on the basis that they cannot allow a disabled rider to participate, given that there could be over 2,000 riders riding near him.
 

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