Here is the case about ,
In the Court of Appeal
The Laker Polytechnic, and Redbanks and Sons v Forsyte
The Laker Polytechnic contracted out the building of a new hall of residence to Redbanks and Sons, contractors, in June 2006. The intended site for the hall was part of the existing main Polytechnic campus, and work commenced there in November 2006. The contractors surrounded the building site with a three strand wire fence and erected notices at intervals round the fence stating “DANGER, NO UNAUTHORISED ENTRY.” In addition the Polytechnic authorities placed a notice at the main entrance to the Polytechnic stating that the Polytechnic would accept no liability for accidents to entrants on to the Polytechnic premises, “howsoever caused.”
John Forsyte, a humanities student, attended a disco in the students’ union in February 2007, and on his way home decided to take a short cut across the building site. He climbed over the wire fence and shortly afterwards fell down a shaft that the contractors had dug for the foundations of the new building. John Forsyte was seriously injured in this accident and brought an action founded on Occupiers’ Liability against both the Polytechnic authorities and the contractors, Redbanks and Sons, claiming damages.
In the High Court, Murphy J. assessed Forsyte’s damages at £50, 000 but reduced them to £25,000 on account of Forsyte’s contributory negligence which he assessed at 50 per cent. His Lordship held that the defendants were liable for breach of duty in section 1 of the Occupiers’ Liability Act 1984 and awarded damages of £25, 000 against the defendants, holding that they were liable as joint controlling occupiers, to the extent of 50 per cent. each.
The Polytechnic and the contractors now appeal against the award of damages on the following grounds.
(1) The notice at the entrance to the main Polytechnic campus was effective in excluding the liability for Forsyte’s injury.
(2) In ignoring the notices posted around the building site by the contractors warning him of the danger and in subsequently entering the site, Forsyte had consented to the risk of being injured on the site.
Any opinion due to this ?
I hope we will beat Taylor...hehe.....However, if i do take part , i will do my research or preparation crucially....Do my Best !! Yes, im willing to go the distance ! If the opportunity come to me , i will, take it. Seriously, i give up too much......
My friends , i gave up again ! I did not take part in this mooting competition . In fact , i am really interested on it . I am willing to stand up and present the case . Unfortunately , my lecturer registered my friend's name. He said im too late to express my willingness to take part . But, BUT ...Indeed,I told him by using sms and he replied that i am IN ! It is totally unfair . Maybe he got certain reason for that , i am not goin to ask him why . Maybe i am not good enough ? maybe i dont get an A for my AS level law last year ? Maybe im not presentable ?
My classmate, Rebecca ask me to join in and she wanted to give me the opportunity .I refuse just as if like i dont interested . U know what? No matter what , no matter how i disagree or unsatisfied with what my lecturer had done . It is morally and ethicly correct that i accept and respect his decision . He most probaly think that 2 of my friends will make a great team.
I am quite down for that actually . I am now comes to understand that people who always sit down there and do his work is however not the right candidate . In contrast , people who always trying to impress people with some sort of thinking and speaking always got the chance . Of course ,2 of my friend is dont do that . They have the potential .
This world is still come to realistic when it deal with some form of materialism or competition . If u r not good enough to show yout talent or your abilities , You are eliminated . You are out . Wow , i am shock with this society ! Which means we need to have strategies FOR ANYTHING EVERYTHING? in order to achieve ? I am not that strategiable . I am not that realistic . I am just not not and not .
My college moot team ! Good luck ! Both of u will surely make a great team.
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