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(Solved): Wally runs a white-water rafting company on the Nymboida River outside Coffs Harbour in NSW. Inga ...



Wally runs a white-water rafting company on the Nymboida River outside Coffs Harbour in NSW. Inga is a Swedish backpacker who pays $70 to take a white- water rafting trip with Wally’s company on the river. When she arrives, she is fitted with a life jacket and a helmet. She sets off on the river with five other persons including Wally as the head of the raft. After about 1km Inga takes off her helmet as it is too hot. As the water is very turbulent Wally then loses control of his wooden paddle which then hits Inga on her head causing a severe gash. a) Does Wally owe Inga a duty of care? Explain why. b) Has Wally breached his duty of care such that he could be found negligent? c) Are there any cases that assist your argument? d) As a recreational activity how can Wally limit his liability? e) Are there any defences to reduce Inga’s claim?



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