Arthur owns a property with a large back yard that is usually lit at night by bright floodlights. For months he has been asking local teenagers to stop using his yard as a ‘short-cut’ to the bus stop, but they continue to ignore him. Arthur decides to install an in-ground swimming pool. Last Saturday night, after the pool contractor has spent the day excavating a large hole, Arthur decided not to switch on the floodlights. At 11 pm, one of the teenagers, Gerry, fell into the hole and suffered serious injuries. Explain whether Arthur is likely to be liable in negligence. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts, particularly relating to negligence and negligent misstatement).

Arthur owns a property with a large back yard that is usually lit at night by bright floodlights. For months he has been asking local teenagers to stop using his yard as a ‘short-cut’ to the bus stop, but they continue to ignore him. Arthur decides to install an in-ground swimming pool. Last Saturday night, after the pool contractor has spent the day excavating a large hole, Arthur decided not to switch on the floodlights. At 11 pm, one of the teenagers, Gerry, fell into the hole and suffered serious injuries. Explain whether Arthur is likely to be liable in negligence. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts, particularly relating to negligence and negligent misstatement).