The use of relevant headings within the body of your answer is encouraged.Relevant Law: Do not write a detailed explanation of the law under the "Relevant Law".Please provide only the 'key words' of the legal principle or rule from the case orlegislation which will be used in your 'application of law' and indicate the relevant casenames and Section numbers of the legislation correctly.For example:Issue 1: Does Van-Damme owe Tamara a duty of care?Relevant law:• Duty of care – reasonable foreseeability: Donoghue v Stevenson (or similar case)Control/vulnerability test: Swain v Waverley Municipal CouncilIssue 2: Has Van-Damme breached his duty of care to Tamara?Relevant Law:• Breach of duty of care: Sections 9(1)(a)(b)(c) Civil Liability Act 2003 (Qld)• Three balancing factors: Sections 9(2)(a)(b)(c) – CLA• Cases: Nova Mink Ltd v Canada Airlines; Wyong Shire Council v Shirt; Bolton v StoneWriting the law in brief would help you to not go over the maximum word limit.Application of law: Please remember that the most important part of your assignment isthe 'application of law to the facts' of the question. Make sure that you have discussedALL the relevant principles of law comprehensively in the 'application' part of theanswer.Conclusion of your answer: Students may have 3 short conclusions –Part (a) – one conclusion for negligence and one for Australian Consumer Law part ofyour answer.Part (b) – one conclusion for vicarious liability.The assignment must demonstrate the presentation, writing and literacy skills. Theanswers must be typed in Times New Roman font size 12.5 and double-spaced, shouldhave the student's name, student number and tutorial time clearly visible. Pages shouldbe numbered and stapled together (top left corner). Assignment cover need not beattached. Assignments must be handed in ' hard copy' on Week 12 as stated above.Late submission penalties will apply unless the student has an approved extension fromthe Course Convenor. Assignments will not be accepted via email or fax. Studentsshould keep a copy of the assignment for themselves.A detailed marking scheme will be available under the Assessment folder onLearning@gu. Students should scrutinise the scheme before submitting theirassignment to ensure they have covered all relevant requirements.Hypothetical QuestionTamara Brown is a former celebrity who is contacted by Channel B Ltd (Channel B) toappear on their new TV series "Ice Dancing with the Fallen Stars". Tamara Smith signsa contract with Channel B Ltd. which requires Tamara to "comply with all reasonableinstructions provided by the company or its employees".The TV show involves 10 "celebrities" being paired with experienced figure skaters toperform routines in an ice skating rink on television. The public and celebrity judges votefor their favourite pair and the worse performing pair leave the show at the end of eachweek until the final two pairs "skate off" during the show's finale. The winning celebrityreceives a $100,000 prize.Tamara is paired up with former professional ice skater Van-Damme, two-time Olympicindividual figure skating champion from France who has coached professional skatersaround the world. Van-Damme is temporarily employed by Channel B for four monthsfor $60,000 monthly salary. Van-Damme's duties under the contract with Channel Binclude: training Tamara in figure skating five days per week; devising the choreographyfor the routine; performing on the show each Sunday night; and attending promotionalevents. Both Tamara and Van-Damme agree to wear costumes provided by Channel Bwhile appearing on the show.Like Tamara, Van-Damme is determined to "cash in" on the show's success. Hecommences the manufacture and supply of the "French Flyer" in Australia, a lightweightfigure skate (roller boot) which is designed to improve speed through the air whenperforming jumps. Unlike traditional skates (a leather boot and blade mounted to a hardsole and heel with screws), the "French Flyer" uses a rubber sourced from Malaysiarather than the hard sole and heel. The blade is then fused to the sole and heel withspecial industrial glue. Van-Damme wants Tamara to wear the "French Flyer" formaximum publicity.Tamara and Van-Damme progress to the show's finale. The skates (which have a retailprice of $149.99) are released for sale during the final week of the show. Prior to theskates' release, Tamara had been discussing with Van-Damme the possibility of doingthe first "double throw jump" on the show as she believes that this will enable them towin the competition. The throw jump involves Van-Damme throwing Tamara into the air,Tamara then completing a double spin before landing on her right foot with her backfacing the audience.Van-Damme is uncomfortable with Tamara performing this jump as he does not believethat Tamara has the ability or technique to do it. During TV advertising for the show,Tamara says that she intends to perform the "double throw jump". Immediately afterviewing the TV advertisement, Dean Torvill, a celebrity judge on the show and formerprofessional skater, calls Tamara and warns her about the risks of performing the jump,including serious ankle, knee and leg injuries. Dean says "you're doing OK, but youneed another one month of intense training at least before you can regularly perform thedouble throw jump!"Unperturbed Tamara makes an agreement with Van-Damme. She will wear the "FrenchFlyer" skates if they attempt the "double throw jump" during the show's finale. Van-Damme reluctantly agrees. Tamara practises with the new skates during two half daytraining sessions. Tamara and Van-Damme try the double throw jump eight times. Onfour occasions Tamara is successful and on four occasions she either does notcomplete a double spin or stumbles after completing a double spin. Van-Damme doesnot inform Channel B that Tamara will be wearing the "French Flyer" skates during theshow's finale.Tamara and Van-Damme attempt the double throw jump during the show's finale.Unfortunately Tamara only completes one spin before her front left leg lands on the ice.At that same time, the glue attaching the boot to the blade shatters, causing the blade torip through Tamara's foot and causing her to fall face first on the ice. She suffers abroken ankle, a broken leg, laceration to her face and concussion as a result of theincident. Testing of the skating boot worn by Tamara indicates that the glue used byVan-Damme becomes extremely brittle if subjected to very low temperatures over anextended period. Not surprisingly Tamara does not win "Ice Dancing with the FallenStars" (albeit this incident generated international publicity and fantastic ratings forChannel B). As a result of the incident, Tamara is unable to walk for 6 months andcannot work. During this period she develops an online gambling habit and loses$25,000 on Texas Holdem poker.Required:Advise Tamara (using ILAC) whether she can sue:(a) Van-Damme under the tort of negligence and the Australian Consumer Law (Cth).(13 marks)(b) Channel B under the principles of vicarious liability. (2 marks)In your answers, DO NOT discuss liability under the law of contract or sections 18-29 ofthe Australian Consumer Law (Cth).