Albo is an 18 year old student about to start university. He wants to purchase a second-hand laptop to use for his studies. Albo visits Clive's Computers and asks Tanya, the sales manager, of their second-hand laptop range. "I need a high quality and reliable laptop that I can use in my next three years of university", says Albo. "We have just the right laptop for you. This refurbished Labora laptop is fantastic for those sorts of things. You can depend on the brand", says Tanya. "Great I'll take it", says Albo. Happy with his new purchase, Albo goes to his favourite caf, the Liberal caf, so he can finish his work while having a nice cup of coffee. Albo orders extra-hot coffee and a cake from one of the waiters, Smoko. A few minutes later Smoko brings a tray with Albo's extra-hot coffee and cake, and on his way to Albo's table, Albo sticks his foot out to stretch and did not notice Smoko approaching his table from behind. Smoko trips on Albo's foot and the coffee and cake came spilling onto Albo and his brand new laptop. Albo suffers second degree burns from the extra-hot coffee and ends up in hospital while his brand new laptop was water-damaged beyond repair.

A. Albo now seeks your advice if he can sue Smoko in the tort of negligence? (10 marks)

b. Are there any defences available for Smoko? (5 marks)

c. Can Albo sue the Liberal caf instead in vicarious liability? (5 marks)