Business Law

Question one

(a) Elsie can take action against the Promenade’s management.

Elsie has the claim to sue the Promenade’s management tort of negligence. There are three essential elements to be proved in the tort of negligence. They are: duty of care, breach of standard of care, breach caused damages. First of all, the management owes a duty of care to Elsie. In this case, the wet weather was reasonable foreseeable, the management owed a duty of care to take actions to prevent the injury incurred. The wet weather could contribute to the injury of the consumer what could be foreseeable. According to the leading case Donoghue v Stevenson, Donoghue found a dead snail in the drink which was manufactured by Stevenson. The manufacturer owed a duty to customers to take reasonable care in its production, similar to this case. In the other case, Grant v Australian knitting Mills Ltd ., although it was a common sense that the underwear must wash before used, the buyer still did not wash it, so it contributed his illness. The court decided that AKM owed a duty to take reasonable care. In this case, we can see that Elsie walked carefully after the tour leader mentioned the risk, but still slipped. Therefore, the management owed a duty of care to this kind of risk. At the meantime, there exists a relationship between Promenade Arcade with Elsie. Based on Australia Safeway Stores Pty Ltd v Zaluzna, Zaluzna slipped due to the wet and slippery floor of the market owed by Safeway. The court decided there was a relationship between Safety and Zaluzna, Zaluzna was a lawful consumer of Safeway’s. Therefore, Safeway owed a duty of care to Z to take reasonable care to prevent the injury. It is similar that the relationship between Promenade Arcade and Elsie satisfied the neighbor test for duty.

The second point is that the management failed to exercise the required standard of care. The risk is foreseeable and not insignificant, in this circumstance, a reasonable person in the...