Commercial Law Assignment

Note the following when answering the assignment question

1. Use the IRAC method to answer this question.

A good answer will

(a) Identify the issue/s in the question by discussing them in order of importance.
(b) Be structured in a clear and logical manner that it is easy to read and understand.
(c) Cite relevant authority to support your arguments.
(d) Present good arguments that demonstrate clear understanding of the legal principles raised in the questions

2. It is your responsibility to be familiar with Kaplan's policy on

• Plagiarism
• Referencing - acknowledging source of research materials
• Student misconduct
• Turnitin - how to submit assignment via Turnitin- similarity

QUESTION

Grampian Park is a nature playground in Victoria which has play equipment resembling nature. Azaria, a eleven year old was playing in the park with a vortex ball when she was attacked by a kangaroo. Although kangaroos are not usually found near playgrounds, they
were occasionally sighted at Grampian Park. Azaria was attacked by an Eastern Grey kangaroo when she went to look for her vortex in the bushes. She thought kangaroos were harmless but it was the breeding season and the males tended to become aggressive during the breeding season especially towards children. There was no sign or any warning that kangaroos occasionally visit the park and that they may be dangerous.

(a) Will Azaria be successful in a claim for negligence against Grampian Park?

(b) Grampian Park had recently made an application to the Grampian council to cull (kill a small percentage of) the kangaroos in the surrounding area because last year 6 children had been attacked while playing in the playground.

Will this information have any impact on your advise?