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Thereby, as the pool had no signs she thought it would be safe and dove into the pool. It may be concluded that as there were no signs of warning put up by the resort for rock water pool that was part of the resort, Molly may sue the resort. This is because it is the duty of the occupier to put up a sign of warning to safeguard the interests of the customers from such dangers.
The issue to be discussed is whether there are any defences that the resort may consider when arguing the case. The defences in the case of negligence are intoxication of the plaintiff, contributory negligence or voluntary submission to injury. The case of intoxication may lead to the fact that the plaintiff was not in his right mind to read or understand the consequences or warnings. The defence for contributory negligence would be that the plaintiff was also part of the negligence that led to the accident at the time.
The voluntary submission would mean that the plaintiff has analysed the risks and waived off the claim of liability in case of a damage that is foreseeable.
In the present case it may be determined that the rock water pool was part of the resort it was the duty of the resort to inform Molly of the dangers of going into the rock water pool. It was also their duty to put up warning signs in case someone directly goes there to swim. However, since the pool was covered with rocks it would only be obvious to presume that it would be dangerous and result in injuries. The observation was voluntarily neglected and Molly submitted to the injury.
This would mean the Molly had waived off any such claims that she could have had against the resort. It may be concluded that as Molly wilfully and voluntarily submitted to the injuries, the resort could use the defence in order to escape the claims so made by Molly. It is to be determined whether the outcomes under the Wrongs Act Vic match those of common law.
The Wrongs Act Vic suggests that an act of negligence is scaled against the assessment of the breach of any existing duty. Then where is the time left for completing back-breaking law assignments?
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