Mohan owns a business called the "Taj Mahal Catering" (TMC). He is, on this occasion, catering for a wedding reception, and acting as Head Waiter.

While he serves Coffee to one of the guests Kathleen, he fails to check the temperature of the Coffee is.

As he pours the coffee in to her cup, Kathleen tells him that she hates cold coffee. He says .........'I haven't tested it - but it should be warm enough- It was only made 15 minutes ago...Just be careful to try it, just in case" ...

Kathleen is anxious to leave, because it's getting late, and she has an early start e next morning. She needs her Coffee to help her focus while driving home.

Suddenly, and without taking a small sip, Kathleen gulps the Coffee down. She screams in agony, as the Coffee is boiling hot. She suffers severe burns to her mouth and throat and is in hospital for around 3 months.

Kathleen suffers $5,000 in Medical Costs, and $6,000 in lost wages for the five weeks she has missed work. She has also lost the deposit of $2,000 that she had paid for her "Cruise Ship" holiday, which she had to cancel.

Question 1:

Under 'Negligence Law ' - Identify and discuss -

a) The 3 Elements of Negligence that the Plaintiff needs to prove, and, the Kind and Amount of Damages that the Plaintiff can claim. Describe in detail

b) The Defendant's two possible Defences.