"Neither the Shallow Club nor its owners, employees or agents will be liable for any loss or damage to patrons, or their property, howsoever caused, including negligence and/or breach of contract."

Ted, now drunk after a few beers, is having a great time singing on the stage with 10 of his also drunk colleagues singing with him when all of a sudden, without warning, the floorboards gives way and Ted falls 3 metres onto the concrete below.He breaks his leg and several ribs.

Lady Gogo is aware that recent council regulations introduced stated that there should be no more than 5 people on a stage of a similar size of Shallow Club at any one time.At the same time, Lady Gogo and her staff has also in recent times noticed that the floorboards where wearing dangerously thin in the centre area but decided to delay putting in a new floorboard until winter where the club is usually closed for three months.

c. Is Lady Gogo guilty of negligence resulting in Ted's injuries? (10 marks)

d. If Lady Gogo is negligent, are there any defences for Lady Gogo? (4 marks)

e. Will the exclusion clause protect Lady Gogo from any liability? (10 marks)