Question 1

Johnny hires Ash's sister, Rachel, a professional belly dancer to entertain his patrons at his restaurant, The Lame Duck. Rachel encourages Barney, a customer who is celebrating his 60th birthday with his family, to join her in a dance. While vigorously attempting to keep up with Rachel, Barney breaks his hip. Does Barney have an action against Rachel in the tort of negligence? In your answer, focus only on whether or not Rachel owed Barney a duty of care.

Question 2

Johnny regularly engages Ian to clean his pool. One day, Ian parks his van in the driveway in front of Johnny's double garage, which as usual is closed and locked while Johnny is at work. While Ian is cleaning the pool at the back of the house, a sudden hail storm causes damage to Ian's van. Ian insists that Johnny compensate him for the damage to the van, since it occurred while Ian was on Johnny's property and would not have happened if Johnny had left the garage door open for him. Should Johnny be compelled to compensate Ian? Assume that Johnny owed Ian a duty of care, and only focus on whether or not that duty of care was breached.

Question 3

Ted is in the final year of his Business Management degree. He orders a pizza from The Lame Duck the night before his Business Law exam. The pizza contains rotten pineapple, which was carelessly put on the pizza by Dan, one of Johnny's chefs. The next day Ted suffers food poisoning but attempts the Business Law exam anyway. He fails the exam and has to repeat the course over the summer. Can Ted recover the cost of the summer course from Johnny by suing Johnny in the tort of negligence? Assume that there is a duty of care and there has been a breach of this duty. In your answer focus only on whether or not the harm suffered by Ted was caused by the breach of a duty of care.