Cary, Lee and Hans studied online. They all studied LAW and got

Distinctions. They agree to establish a new partnership to operate a business

consulting service.

They work very hard, often finding it hard to find time to leave the office so they have

lunch in the meeting room. Yesterday Hans had the excellent burger and chips from

the downstairs caf. Han's drops some chips on the floor. He doesn't pick them up,

but he does tell the officer manager, Jan, who calls the contracted cleaners to see if

they can come in earlier. They say they are busy but will be there after the business

has closed at 5pm.

Later that afternoon, Lee brings a new client, Sam, into the meeting room. As Sam

enters the room she slips on the chip, breaks her arm, hits her head, fractures her

skull and is concussed. Sam can't work for three (3) months. Sam is outraged and

wants to sue. It turns out that the partnership does not have insurance, so Sam

wants to sue Cary, the richest of the three partners. Cary has been on holidays for

three weeks so the first he hears of the case is when he receives a letter of demand

from Sam's lawyers.

Does Sam have case in negligence against Cary?

Would there be any difference to your legal assessment if:

1. Paper towels had been laid out over the chip? Or

2. The cleaners had responded immediately to Jan's call and were on their

way?

Write case summary. Your answer must be supported by relevant case law and legislation. Must use Australian legislation