Manpreet Kaur worked for Patel as a cook in Indian Cuisine. Manpreet was asked to remove a pot of boiling water from the stove. In an instant she grabbed the handle and the hot contents of the pot spilled and scalded her. After investigation, it was reported that improper handling of the hot pot caused the burn injuries. Patel claimed that all employees had been instructed on proper procedures for removing hot pot from the stove. (a) Advise Manpreet whether she may successfully sue Patel for negligence. (b) Patel had provided a potholder for use by his workers, but Manpreet had not used it when the accident occurred. Advise Manpreet how this would affect her claim in case she has successfully sued Patel for negligence.

Discuss this within the context of the elements of negligence. In torts, negligence is proven by using a series of criteria: Duty of care, the reasonable person, foreseeability, causation, and burden of proof.