Wendy has recently moved into a new suburb and is keen to make some new friends. She thought the best way to do that would be to host a party for her neighbours and their children.
On the day of the party, she noticed that parts of the swing, which was to be the main attraction for the children, had started to rust and looked unsafe.
In an effort to make it more sturdy, she applied tape to the rusted areas hoping that it would keep the swing together. She figured that the swing, which was designed for 5-10 year old children, could easily handle the weight of the children at the party, who were all under the age of 3. Throughout the day, the children were riding the swing without incident. After the children left, the adults in the party started drinking wine. One of Wendy’s neighbours, Stan was slightly intoxicated. He went into the backyard and started riding theswing. The swing broke where it had rusted and Stan fell to the ground severely hurting his back.
Using relevant legislation and case law:
1. Advise Stan whether he has a claim in negligence against Wendy.
2. What possible defence/s can Wendy use against a claim in negligence by Stan?