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Read the following case study and then answer all Questions (A,B,C) that follow. Justine goes to ALDI supermarket to buy food for a party to
Read the following case study and then answer all Questions (A,B,C) that follow.
- Justine goes to ALDI supermarket to buy food for a party to celebrate her impending graduation from Macleay College (Dip. Journalism)
- As she rushes around the store, she is also looking at some apps on her mobile phone.
- She does not notice that canola oil from a burst container has pooled on the aisle (CCTV footage later reveals that this spillage occurred about 30 minutes before Justine arrived in the store).
- Justine slips on the oil, falls backwards and fractures her skull.
- Justine is taken to hospital and recovers after several weeks of treatment, not to mention pain and suffering. She incurs medical and hospital expenses of $10,000.
- Due to her injuries, Justine's partner is forced to cancel a planned trip to New Caledonia which they were going to take together after Justine's graduation.
- Justine and her partner's airfares of $750 each and accommodation costs of $1,500 had been paid in advance; these cannot be refunded because they were a discount package offer.
Some months after the accident, Justine decides to sue ALDI for negligence to recover her losses and other costs incurred because of her accident in the store.
C Would the outcome of this case be any different i i. the accident occurred whilst Justine had been dancing in the store for a TikTok video? [ 2 marks] ii. a disgruntled ALDI employee had intentionally planned to injure customers by spilling the canola [3 marks] instead of slipping on canola oil, Justine had slipped on spilt dark soy sauce? [2 marks] A Using the process we have practised in tutorials for analyzing cases like this, complete the following table to state the LEGAL ELEMENTS a Court would apply in determining that ALDI has been negligent. [10 marks] Legal element Facts which satisfy the legal element B What is ONE (1) legal defence that ALDI could raise to argue that Justine is partly to blame for her injuries? [2 marks] LEGAL TERM FOR THE FACTS SUPPORTING THIS DEFENCE (i.e., DEFENCE WHY JUSTINE SHOULD BE HELD PARTLY T0 BLAME) State what you think will be the most likely legal decision for this case [1 mark]Step by Step Solution
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