Question
One Saturday evening, Lhea and her boyfriend, Michael, go to The Eclipse Cinema to see the hit Spanish drama Esclando. They are celebrating their one-year
One Saturday evening, Lhea and her boyfriend, Michael, go to "The Eclipse Cinema" to see the hit Spanish drama "Esclando". They are celebrating their one-year anniversary so Lhea dresses in high heels and her favourite dress.
Sandy is the owner and operator of "The Eclipse Cinema". An hour before Lhea and Michael arrive at the cinema, a customer spills a yogurt drink on the floor near the vending machine. Sandy puts up a yellow "Hazard" sign next to the spill. She intends to clean the spill up immediately but is called away to deal with a minor problem in one of the cinemas. When Lhea and Michael arrive at "The Eclipse Cinema", they are involved in an intense conversation about a problem Michael is having at work. They walk towards the vending machine. Lhea is looking at Michael and does not notice the "Hazard" sign. She slips on the yogurt drink and injures her ankle and back.
Can Lhea successfully bring a negligence claim against Sandy? You should include in your answer a consideration of whether there are any defences available to Sandy as well as the three elements of negligence. (30 Marks)
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