S. v. E.P. Ltd. (November 21, 1996, Doc. No. 4340, St. John's (Nfld. S.C. Trial Div.))

On a Sunday in 1993, ten members of the S family dined at the E restaurant, which had a wishing well. The children entertained themselves by gathering pennies and throwing them into the well. On a return visit to the well, the children brushed against a divider causing it to fall on S. S sued E for breaching the duty of care. S's husband also sued for consequential loss.

- The reasonable person measure

- Strict Liability

- Forseeability

- Res Ipsa Loquitur

- Negligence per se

- Contributory Negligence

- Voluntary assumption of risk

- Vicarious liability

1) who is at fault and by how much. Then list the above doctrines and for each one state whether yes or no, it applies to this case. And if yes, how it applies, in favour of whom. If no, explain why it does not apply.