Question
Please answer the following questions in the IRAC format. If you are the reprehensive lawyer (I) On behalf of the Plaintiff (II) On behalf of
Please answer the following questions in the IRAC format. If you are the reprehensive lawyer
(I) On behalf of the Plaintiff
(II) On behalf of the Defendant
Using the relevant rule/law of the Tort of Negligence to answer these scenarios for both (I) and (II)
Scenario 1: The waiter managing the jacket check realizes that Thomas's jacket has been stolen. Although the jacket was not expensive, Thomas is distraught as his phone was in the jacket. His phone didn't have a password and was left logged into his bank account. Since discovering the telephone was missing, $500 has already been stolen from his bank account.
Scenario 2: Kelvin slipped on some water that another customer had spilled. He has dislocated his arm and discharge from work for 3 months. It is also discovered that the floor paint used by the previous owner when she renovated the premises 5 years ago tends to become very slippery when wet. But the current owner decided not to touch the floor as he loved the colour.
Scenario 3: Georgia is diagnosed with severe food poisoning after eating the steak at the restaurant. It turns out that the chef had left the meat used in the steak outside overnight. The owner thought it would be okay to use still as the weather had been quite cool. Georgia had thought that the steak didn't taste right but ate it anyway. As a result of the food poisoning, she went to the hospital and missed two weeks of work.
Scenario 4: Jasmine asked a waiter where the toilet is, and the waiter pointed down the corridor saying that they were out the back. Jasmine walked straight past the toilet door as it was unmarked. She went out through the back door, which was open. Thinking the toilet must at the back of the restaurant. Jasmine then tripped on a piece of limestone in the dark and fell on the floor. She has broken her arm and misses 5 months of work.
Scenario 5: Jack, a friend of Jasmine's, is worried when she didn't return from the toilet, so he went looking for her. When he found her at the back of the restaurant, he decided to carry her. This led to him suffering a back injury, partly because he didn't bend his knees properly.
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