questionn

Kim is a chef working in Wong's Kitchen, a famous restaurant in the city. One day the kitchen experiences a major spill of a large pot of tofu stew. The oor becomes very slippery and wet. The owner, Wong, instructs all her employees to be careful while working in the kitchen. Wong also provides her employees with anti-slip shoes. Meanwhile, the kitchen is washed clean. Despite every effort the kitchen remains slippery. Kim is upset about the whole incident and insists that Wong closes the kitchen in order to avoid any mishaps. Kim in his hurry to finish what he was cooking slips and breaks his leg. Despite having been given a pair of anti-slip shoes, Kim did not wear them as he claimed that they were uncomfortable and restricted his movement. He suffers pain and is hospitalized for 5 days incurring medical expenses amounting to $10,000. Kim intends to sue Wong for her negligence and for causing injury to him. (a) Discuss whether Wong owes a duty of care to Kim. Discuss the requirements legally required to establish a duty of care. (10 marks) (b) Discuss whether Wong has breached her duty of care, applying the standard of care tests. (5 marks) (c) Are there any defences available to Wong against the claim of Kim? What damages can Kim claim and will he be successful in obtaining those damages