Question
Donald Drumph, who is a member of the maintenance staff at Gorgon's Mall, was mending one of the revolving entry doors when he realized that
Donald Drumph, who is a member of the maintenance staff at Gorgon's Mall, was mending one of the revolving entry doors when he realized that he was missing his favourite screw driver. He leaned an "Out of Order" sign against his toolbox on the floor next to the door and went to get the screw driver.
Meanwhile, 9-year-old Oliver Twist just finished in the mall's washroom. When he flushed, the toilet overflowed. Oliver ran, but bumped into Donald as he flung open the washroom door to escape the scene. Donald was bumped and jostled. Oliver fled. Donald noticed water seeping out from under the washroom door and when he investigated he found the clogged toilet. It took him an hour to fix it.
While Donald was busy fixing the toilet, the "Out of Order" sign fell, face-down, on the floor. As Patience Philips, Barbara Gordon, and Kara Danvers were leaving the mall the revolving entry door collapsed, seriously injuring all three women.
Patience Philips (a.k.a. Catwoman) had just made a vegan gourmet cat food purchase at the mall's Meow-Meow World store for her darling cat, Persephone.
Barbara Gordon (a.k.a. Batgirl) came to the mall to hang out with her friends, but never had money and would never buy anything at the mall because it wasn't a green space and she believed malls damage the environment. It was just a nice place to chill.
Kara Danvers (a.k.a. Supergirl) was a disgruntled former employee of Glittering Galaxy jewellery store.
When fired Kara had been told she was banned from ever returning to the mall. Today she had disguised herself with sunglasses and an old wig she hadn't worn in years and snuck back into the mall to shoplift from Glittering Galaxy but got nervous at the last minute and decided to leave without stealing anything at all.
Use case analysis format to discuss the legal grounds for the various civil claims that could arise from this incident and the defenses that could be used.
Hint: (i) Focus on whom each of the 3 women would try to sue, and why, and (ii) indentify each woman as a different type of trespasser and discuss what, if any, duty of care is owed to each along with a brief discussion about whether any, or all of them, could succeed in court with a claim againstGorgon's Mall.
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