Kim is a chef working in Wong's Kitchen, a famous restaurant in the city. One day the

kitchen experiences a major spill of a large pot of tofu stew. The floor becomes very slippery

and wet. The owner, Wong, instructs all her employees to be careful while working in the

kitchen. Wong also provides her employees with anti-slip shoes. Meanwhile, the kitchen is

washed clean. Despite every effort the kitchen remains slippery.

Kim is upset about the whole incident and insists that Wong closes the kitchen in order to

avoid any mishaps.

Kim in his hurry to finish what he was cooking slips and breaks his leg. Despite having been

given a pair of anti-slip shoes, Kim did not wear them as he claimed that they were

uncomfortable and restricted his movement. He suffers pain and is hospitalized for 5 days

incurring medical expenses amounting to $10,000.

Kim intends to sue Wong for her negligence and for causing injury to him.

(a)

Discuss whether Wong owes a duty of care to Kim. Discuss the requirements legally

required to establish a duty of care.

(10 marks)

(b)

Discuss whether Wong has breached her duty of care, applying the standard of care

tests.

(5 marks)

(c)

Are there any defences available to Wong against the claim of Kim? What damages

can Kim claim and will he be successful in obtaining those damages?

(5 marks)