QUESTION 1

FACULTY OF LAW

Last weekend, Dani and his wife, Iris, spent an afternoon visitingDani'sparents. Before heading home they decided to stop by a drive through window of the Millenia Restaurant to pick up their order of sandwiches and chicken soup. An employee of the restaurant handed Dani the soup in a takeout container. As soon as Dani received the soup, the entire content of the container spilled ontoDani'slap. Dani sustained burns on his left and right thighs and was hospitalised for a week while he underwent skin grafting. He would need further medical treatment to heal the scars completely.

Dani claimed that the employee did not properly secure the lid of the container causing the hot liquid to spill. He did not properly hand the container to Dani to avoid spill nor give a proper warning to Dani about the scalding hot soup.

Advise Dani on whether he can take any legal action against the Millenia Restaurant under the tort of negligence.