Dubbo Zoo has many animals including monkeys, lions and tigers in…

Dubbo Zoo has many animals including monkeys, lions and tigers in…

Dubbo Zoo has many animals including monkeys, lions and tigers in

secure enclosures to enable the public to view them. The monkeys have an enclosure that has gates on the outside of the enclosure.
Dave was visiting the zoo with his wife and family when he saw that one of the gates had been left slightly open.

Dave decided to enter the monkey enclosure so he could get a photo taken by his wife. When he entered the enclosure a monkey approached him and scratched his face severely, injuring his eye.
a)    Does Dubbo Zoo owe a duty of care to Dave? Give your reasons
b)    Has Dubbo Zoo breached their duty of care?
c)     Are there any defences for Dubbo Zoo to reduce Dave’s claim?
d)    What legislation could Dubbo Zoo use to assist them in limiting their liability. What would they need to do to rely on this statute?