Question
Olivia owns a hairdressing salon in Parramatta named Hairy Armpits Pty Ltd ' Hairy Armpits' in a quiet shopping centre with: a pharmacy, Drugs
Olivia owns a hairdressing salon in Parramatta named Hairy Armpits Pty Ltd 'Hairy Armpits' in a quiet shopping centre with:
- a pharmacy, "Drugs are great, Mate",
- a vetinarian, "Putting the cat amongst the Pigeons",
- a doctor, "Know Help at All", anda sexual health clinic, "Wink Wink".
The shopping centre is owned by the Tortoiseshell Local Council ('TLC'). Olivia is currently leasing the premises from TLC and has been offered a chance to purchase the premises.
On Monday, 16 May, as Olivia is leaving work at 6pm, she sees a notice stating that "the car park is to be dug up and refurbished taking 6 months and all the businesses will closed during that time" signed by the Town Planner, TLC. She drives home stressed and unsure what to do.
The next morning, on arriving at work she sees the sign is gone. She visits the other businesses, however, none of the other proprietors had seen the sign. She rings the Council, TLC, and speaks to the Town Planner, Toni, who on hearing the issue explains she will visit later that day, 3pm, and get a haircut also.
The other proprietors arrive at Hairy Armpits when Toni arrives with her assistant Annie. They all start asking questions in a hostile manner when Olivia asks everyone to calm down.
Then the following occurred:
- Toni calmy explains that "the sign was a mistake, and they are unaffected by any closures by the council", TLC. She provides each business a letter confirming as such.
- Django, an employee of Wink Wink, then hits Annie on the head, for wasting their time, using a rubber toy from the Wink Wink shop. This breaks Annie's nose.
- Despite this Toni decides to still get her hair cut. Olivia is clearly distracted by all the shenanigans and after brushing Toni's hair she proceeds to cut her hair with newly sharpened scissors. Toni's phone rings and as she reaches for the phone to answer it, she turns her head and the scissors cut into her ear lobe. Blood and tears are in abundance.
- Toni and Annie leave Hairy Armpits to be treated by the Doctor. As they enter the practice, they trip on the carpet that has worn away and suffer further injuries.
- A week later, after everyone has calmed down, the shopping centre car park is chained closed with a sign saying the car park will be out of action and the shops closed for 6 months.
REQUIRED
Advise the various parties in this question as to their potential liability under the Tort of Negligence as well as any possible defences available to them.
Look at the individuals and use the IRAC model to assist in analysing all potential liabilities.
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