Wallas V Fallas Summary

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INTRODUCTION The following report is a description and analysis of case Fallas v Mourlas [2006] at Supreme Court of New South Wales- Court of Appeal Decisions. The incident occurred during a spotlighting Shooting recreational activity where Mr. Fallas accidently shot his friend Mr. Mourlas in the leg while trying to unjam a loaded gun. Just like any case in court, the plaintiff and the defendant’s lawyers presented arguments in order to defend their clients. The reason for the arguments was based upon government laws regarding danger in recreational activity, shadowing cases involving similar accidents in the past, facts leading up to the incident and contextual evidence. FACTS * Fallas (the defendant) and Mourlas (the plaintiff) were with two other friends on a nocturnal spotlighting recreational activity. * The purpose of the activity was to hunt for Kangaroos. * Mourlas was assigned the responsibility of holding the torch and driving the car while the other three members were responsible for either shooting the kangaroo or locating one on foot or inside the vehicle. * Fallas consumed alcohol on the night of the shooting but the intoxication level was not verified. It is believed that he did not drink…show more content…
Although section 5K and 5L offer immunity to the defendant against any liability when a person engages in a classified dangerous act. In the present case however, it was established that Mr. Mourlas was injured due to negligence on Mr. Fallas part and he was responsible for the necessary damages. Also, a person should not participate in dangerous recreational activity even if they have consumed very little alcohol just to prioritize safety for everyone involved. The defendant was negligent in taking loaded gun inside the car because it was not only a danger to himself but to the passenger and other shooters

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