P is a lifelong fan of the ABC Football Club. While watching a game, P was hit by a stray ball which broke P’s glasses. Please explain who P can sue, if anyone? Can P take legal action against the player? The coach? The local council which owns the football ground? Or the football club? You should consider the position of each possible defendant to a legal action. Please refer to case law in your explanation. Part B This question is separate from the above question in Part A. A lawnmower explosion takes place in the front yard of a house due to a faulty fuel tank and causes the following damage or injuries: (1) Ann, a pedestrian, suffered fractured legs and severe cuts. She was unable to work for three months; (2) Bruce, the owner, was burned. He was unable to work for six months, and incurred extensive medical expenses. Bruce also had to replace the windows and the front fence of his house; (3) Computer disks containing data supplied by Eric, which were being worked on by Bruce’s wife Carol, were stored in the front room which were destroyed by the explosion. Bruce had bought the mower from Hank’s Hardware. Hank’s had bought it from Distributors Ltd., which had bought it from the assembler, Mower Ltd. The petrol engines were imported from Korea. Based on the facts, please answer all 4 questions below: 1. Referring only to the common law duty of negligence, would Ann and/or Carol be able to sue Bruce?
2. Referring only to the common law duty of negligence, explain the basis of any liability in the tort of negligence that Hank’s, Distributor and Mower might have against Ann, Bruce and Carol. Also consider the possibility of any defences in negligence.
3. Do Ann, Bruce or Carol have any possible rights under Part 3-5 of ACL against Hank’s, Distributors Ltd. or Mower Ltd.?
4. Could Hank’s, Distributors Ltd. or Mower Ltd. raise any possible defences under the ACL?