Question
Mr and Mrs Freedman have just opened their first supermarket. They entered into a written contract with Jakes Cleaning Services, effectively outsourcing the cleaning of
Mr and Mrs Freedman have just opened their first supermarket. They entered into a written contract with Jakes Cleaning Services, effectively outsourcing the cleaning of their supermarket. The terms of the contract were that Jakes Cleaning Services would clean their supermarket 4 times a week. Due to the Coronavirus pandemic, the supermarket experienced significant financial constraints. As a result, the couple decided to cancel the services of Jakes Cleaning Services and to clean the supermarket themselves.
On 1 August 2021, a customer dropped a tomato sauce bottle in one of the aisles in the supermarket. Mr Freedman took a mop and wiped the spot in the aisle that had been stained by the tomato sauce. He did not put up any warning sign warning other customers of the wet spot in the aisle.
A few minutes after Mr Freedman had wiped the floor, a 71-year-old pensioner, Mrs Giles was using the aisle. She slipped on the wet spot in the aisle and fell. As a result of the fall, she sustained severe injuries. Her medical practitioners advised her that in time she will need surgery on her hip. Mrs Giles wants to sue Mr and Mrs Freedman but fears that the court might find that they were not at fault.
Discuss whether Mr and Mrs Freedman could be held liable in delict. Your discussion must focus on the element of fault.
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