BLO1105 - Business Law Assignment
Added on 2020-03-13
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Law
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Running head: BUSINESS LAW ASSIGNMENTBusiness Law AssignmentName of the StudentName of the UniversityAuthor Note
1BUSINESS LAW ASSIGNMENTTable of ContentsHorne v Queensland [1995].............................................................................................................2Facts of the case...............................................................................................................................2Issue.................................................................................................................................................2Arguments of the plaintiff...............................................................................................................3Arguments of the defendant.............................................................................................................4Judgment of the Trial court..............................................................................................................4Decision of Appellant court.............................................................................................................7Critical analysis of the decision.......................................................................................................8Reference List................................................................................................................................10
2BUSINESS LAW ASSIGNMENTHorne v Queensland [1995]Representing the plaintiff in this case Facts of the caseThe plaintiff, Yvette Sonja Horne, was 13 years old on 11 December 198, when shesuffered serious injuries in the lower part of her body as she fell off her bicycle on the road infront of the rear wheels of a large semi-trailer that passed across her lower part of the body. Shewas riding on a bicycle, from her Aspley State High School to the Cooper Tennis courts thatwas located at some distance from the school, when she met with the accident. The State ofQueensland is the first defendant; the driver who was driving the trailer, Lyall NormanBoettcher, was the second defendant and the owner of the large semi-trailer, Finney Brycetransport Pty Ltd was the third defendant in the case. The State of Queensland is subject to legal proceedings on the ground that it failed toexhibit reasonable care and was negligent towards the children under the responsibility of AspleyState High School (Foley and Christensen 2016). The school was negligent in allowing thechildren including the plaintiff to ride a bicycle to the Tennis courts because the road that pupilsrequired to travel posed a danger to the cyclists of plaintiff’s age, in particular owing to theheavy traffic on that road. Issue Whether the Aspley State High School breached duty of careWhether plaintiff was contributory negligent
3BUSINESS LAW ASSIGNMENTWhether the driver and the owner of the semi-trailer liable for negligenceArguments of the plaintiffThe plaintiff contended that the driver of the semi-trailer was negligent as he failed tostop the vehicle even after he noticed that the plaintiff was riding the bicycle downward in frontof his vehicle. Even the prime mover of the vehicle and the entire attached semi-trailer hadpassed the plaintiff safely before she actually fell off the bicycle in front of the rear wheels of thesemi-trailer. The plaintiff further stated that there was evidence with respect to the negligence on partof the school, the fist defendant, as the school authority failed to take reasonable care andprecautions to ensure that the children, especially children of plaintiff’s age did not ride bicyclesfrom school to the Tennis courts as the road they needed o travel posed danger for the children(Chase and Miller 2016).The plaintiff further contended that the mother of the plaintiff was assured by the schoolauthority that children going to the tennis courts would travel in a group with a teacher or underthe supervision of the teacher or any other authorized person of the school. On the day ofincident, the first defendant told the students to ‘make their own way to’ the tennis courts andtheir roll call shall be called at courts (Brake 2014). The friend of the plaintiff, Connie Miles,suggested the plaintiff to use a bicycle left at the school by another girl and ride to the courts. The plaintiff contended that as she proceeded down the hill behind her friend she saw theprime mover and semi-trailer as it was overtaking them. The plaintiff realized the default in thebraking system of the bicycle and collided with her friend’s bicycle. She flung off her bicycle
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