Tourism and Travel Case Study

| May 20, 2015

Refer ONLY Australian negligence and only acts that apply to western Australia. See attached for case.

Extremes have been holding long distance running races around the world since 2012. Previous races had been held in France and South Africa. This was the first time the company had held an event in Australia. The event was to be a 100 kilometre run from Beagle Bay to Broome, in the north of Western Australia. Beagle Bay is one of three Aboriginal communities on the Dampier Peninsula north of Broome. After consulting the local Shire it was decided that the best time of the year to hold the event was in June. At this time of the year it was reasonably cooler and the wet season had finished. This also coincided with the local festival in Broome which would be a good time for the finishers to arrive. Extremes negotiated with Events WA the government authority responsible for events and activities in Western Australia. Events WA agreed to promote the event and to provide $20,000 to hold the event. The contract between Extremes and Events WA included a clause that states; “Events WA is a sponsor of the event and not an organiser and is not liable in contract or tort for damages as a consequence of the event and is to be indemnified from any liability that may occur.” Publicity for the event was international with a focus on the tourism activities in the north of Western Australia.
The Shire of Broome agreed to support the event and arranged for staffing along the run, helicopter services and accommodation for the event organisers.
Extremes were able to attract several prominent international and national runners and the twenty person competition included five locals who would compete. The date for the event was to be Sunday 1st June, 2014.
Five of the competitors had never before run an ultra distance race but had experience competing in marathons (a 42 kilometre run).  Five of the competitors had competed in previously organised Extremes events. Mick and Steve (both from South Africa) were the favourites for the event having both previously won Comrades, a 90 kilometre event in South Africa (this was not an Extremes event).

The event was due to leave Beagle Bay at 5am and the competitors should complete the event and arrive in Broome at around 3pm later that day. A Helicopter was used to design the run and report on the appropriateness of the track. Part of the run was on bitumen road but most of the run was over local terrain including sandy areas and minor water ways. Water and medical stations were positioned every 10 kilometres along the run. All participants were required to carry drinks and food.  One problem the helicopter pilot experienced was inconsistent phone coverage and whilst satellite phones were used these were at times unreliable. This was reported to the event organisers.
Two days before the event was due to start the Bureau of Meteorology reported an unusual weather development off the northern coast of Western Australia which appeared to resemble a cyclone although this was not cyclone season for the area. The day before the race the competitors gathered at their accommodation, Mercedes Cove Resort, just north of Beagle Bay for final instructions. The weather had become unusually windy and rainy but there appeared no cause for concern. Neither the Shire of Broome, nor Events WA or Extremes mentioned anything about the possibility of cancelling the event because of the weather. Overnight the weather worsened and a considerable amount of rain had fallen and the winds had become stronger. On the morning of the race the competitors gathered at 4am at Beagle Bay for the final debrief before the race commenced. Again there was no mention of cancelling the event because of the weather but no-one was aware that the Bureau of Meteorology had reassessed the weather disturbance at 3am that morning and categorised it as a category 4 severe, tropical cyclone with winds reported in excess of 200km/h and torrential rain.
The runners set off at 5am into heavy rain and wind. As the winds increased and the rain became heavier the helicopter was grounded and unable to fly. By 5.30am the event organisers were made aware of the reclassification of the weather disturbance but were unable to contact the runners because of the poor phone satellite coverage. Event organisers arranged for three vehicles to find the runners. Ten runners were located, still on the main road. The remaining competitors had left the road and gone inland on the track. Only one vehicle was able to go off-road and this followed the runners inland. The winds made it difficult to see and the small water ways had begun to flow, with flooding coming from Cape Baskerville. Five runners eventually made it to the 40 kilometre water/medical station. By this time the run had been cancelled and the runners stayed there with the two support staff waiting for transportation back to Broome. These runners were frustrated but unhurt.

Track markers were washed away and the remaining five runners became lost. The five lost runners were not together. Three of the lost runners somehow made it to Mt Jowlaenga and remained together finding some shelter. These three runners were unhurt and were located later in the day and transported back to Broome. The other two competitors Mick and Steve remained lost and separated.
Mick was found on Monday 2nd June (the next day). He was dehydrated and had fallen breaking his collarbone and right leg. Mick was airlifted to Broome Hospital and then sent to Perth for surgery. He remained in hospital for one week, was unable to work for three months, and never ran again.
Steve was less fortunate. He was found a week later in a water way and had drowned in the flash flooding caused by the cyclone.
Discuss, with reference to case and statute law, if Extremes are liable in negligence for:
•    Mick’s injuries; and
•    Steve’s death.
What defences, if any are available?

Please refer to the assignment information on page 12-13 of the unit guide (also detailed below).
This is an individual assignment. The assignment must be fully referenced, using the Chicago method, 12 size font and 1.5 line spacing. The citation guide can be found on the Library site at

The length of the assignment should be approx 1,500 words. Students are expected to use at least eight (8) different references. Examples of the types of references that may be used include cases, statutes, journal articles (electronic or hard copy) or books (this list is not exhaustive). Please note that lecture notes and Wikipedia are not acceptable reference sources. Do not limit your discussion to the cases referred to during the lectures and tutorials. Students are expected to undertake research for the assignment.

The format of the assignment should follow these steps:

1.     Identify the legal issue
2.    Relate the principles of law relevant, e.g. Cases and Statute
3.    Apply the principles to the facts of the question
4.    Conclude on the facts

Marking criteria for the assignment:

Identification of relevant material    Analysis of material    Evidence of research    Presentation    Referencing
6                                               12                          4                     4       4


Students must submit their final assignment to Turnitin before submitting your final assignment. Submitting your assignment to Turnitin is not submitting your assignment for marking. Use the Turnitin Originality Report to assist you in correctly referencing your assignment. When submitting your assignment to Turnitin do not include coversheets or reference lists.

Submission Instructions:

Your final assignment must be submitted electronically as a single file using the Assignment Tool in the online unit. When submitting your final assignment, please use the relevant document that is found in the online unit. This document contains: an electronic cover sheet and an assignment marking guide.

So your work does not get mixed up with others’, use a filename that follows the convention: Unit Code, Assessment Task, the first three characters of your last name, your first initial and your Student Number. For example: BSL204AssignSMIW12345678 for student Will Smith whose student number is 12345678. Students are required to keep a copy of all submitted assessments.

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