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Business Law Case

Business Law Case

Introduction to the case

My client, James, is a 19-year old ice hockey star who has been rising in his sport career in the last few years. Exciting to him, he has been selected to play in a representative team, where he wants to do anything possible to maximize his career. To do this, he has been aware that his team doctor, coach and the physio. As a requirement, James has signed a contract to be a member of the team. The contract states that he has agreed to a special diet, which includes supplements and vitamins. James did not question his doctor when he was given some ‘supplements’. However, after a match, James was tested positive to a prohibited drug. In his case, James wants to accuse his team doctor with negligence because he is sure he has never tested with drugs, not even when he was in school. He is aware that his career is almost over because of the tests.

James presents the case to me as his legal advisor. In this case, we want to accuse the doctor with negligence because it is evident that he had a duty of care that would have prohibited him from administering or prescribing some “supplements” to James that would ultimately ruin his career. In addition, the duty of care would have prohibited the doctor from knowingly letting James take supplements or other types of food with substantial content of prohibited drugs. On the other hand, we must explore the possibility of the doctor to use “volenti non fit injuria” as a defence against the case presented by James at a court of law. In this way, we must present a well analysed paper describing the Australian tort law of negligence and duty of care as well as citing relevant case laws to ensure that the doctor is liable for the injuries caused on James.

Applying the tort law: Negligence and Duty of care in Australian law

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Category: Sample Questions