PyongyangHotelisownedandmanagedbyDonald.Forthepast10yearsPyongyangHotel has been engaging the services of Seoul Cleaning Service (SCS) to overseeand clean the general areas of the hotel.SCS is managed by Barrack, who is alsothe owner of the company.Recently, Barrack has engaged Hillary to clean thereceptionareasofthehotel.Thisincludestheentrancetothehotelandtherestroomson the first level.Hillary reports to Barrack who gives her daily instructions on whatshe must do.On many occasions, when Hillary mops the floor, Barrack specificallytellshertodisplaythe'WetFloor'signsothatguestsenteringthehotelareawareof the wetness of the floor. Sometimes, Hillary forgets to put up the sign. Barracksometimesreprimandsherandatothertimesdoesnotmakethisintoanissue.Further,Hillary must use a special chemical cleaning fluid to keep the floor spotlessly clean.To prepare the cleaning fluid for this purpose, Hillary must mix 1-part cleaning fluid to10 parts of water. This is the standard operations procedure.There are times whenHillary follows the instructions and at other times, she simply guestimates the amountandmixes thewater and cleaning fluid accordingly.

On the 1^st October, a very important guest is visiting Singapore and has booked intoPyongyang Hotel. To impress this guest, Pyongyang Hotel management goes theextra mile to give the hotel a thorough cleaning.Hillary is tasked to specifically mopthe floor near the reception counter.As Hillary is preparing the special chemicalcleaning fluid, her hand slips, and she accidentally pours half the bottle into the pail.Insteadofpouringouttheexcessfluid,Hillarysimplymixesitwithwaterandmopsthefloor.The excess chemical makes the floor extremely clean and extremely slippery.AsHillaryhasanotherappointmentlater,sheforgetstoputthe"WetFloor"signup.

Kim is a businessman visiting Singapore and has booked into Pyongyang Hotel.Ashehastourgentlyvisittherestroom,hewalksveryquicklytowardsthereceptionareato ask for directions.Not noticing the floor is wet and slippery, Kim falls and injureshis back.He is hospitalized for one month.During his stay in hospital Kim developsrashes which make his skin bleed every time he scratches.Doctors diagnose this asa rare allergy and the test results show the chemical that has caused Kim's conditionistheconcentratedcleaningfluidusedbythePyongyangHotelforcleaningthefloor.

Advise Kim as to whether the Pyongyang Hotel isliable to him in theTortofNegligence.In answering thequestion explain:

1. Whata'tort' is. (3marks)

2. Whattheelement ofnegligenceare. (3marks)

3.Whatisthedifferencebetween causationandremoteness (4marks)

4.Howthecourtswouldapplyeachofthoseelementstothefactsabovetodeterminewhether thePyongyangHotelisliable toKim. (5marks)