SCENARIO

Daniel Thompson (D), a 35-year-old cafe owner, decided to hold a celebration to commemorate the five year anniversary since Daniel opened his cafe. He paid John, a family friend, to help him prepare for the celebration.

John purchased many cartons of beer and wine for the celebration and stored them at the back of the cafe. He did not stack them well and many of the bottles broke and started slowly leaking onto the ground. John had started work very early in the morning and was due to finish before the cafe opened that day at 7am. Unfortunately, many bottles had broken and a large pool of liquid formed. In the late afternoon a strong wind developed that pushed the liquid onto the footpath outside Daniel's premises. In the early evening of the same day, Pamela (P) decided to go for a jog.

Although she noticed the liquid on the footpath outside Daniel's place, she decided to keep jogging along the footpath and slipped on the liquid resulting in her breaking her leg.

Pamela's father, Harvey, a 55-year-old man and Pamela's mother, Susan, a 42-year-old woman were angry that Pamela had been injured outside Daniel's premises. The next day they went to the cafe. They entered the cafe through the front door and saw Daniel who was cleaning the bar area. They began to verbally abuse Daniel for the injuries that Pamela had suffered.

Daniel apologised and asked if he could just make an important phone call and then he would continue the conversation with them. Daniel went out the front door and locked it as he went out without Harvey or Susan noticing. Daniel then called the police and asked them to attend the cafe as he was concerned that the situation might become violent. While Daniel was outside Harvey said to Susan

'I think Daniel is an incompetent businessman who steals from his customers. I am going Qto telleveryone I know not to come here!'

Daniel called the police and also called his sister, Katie Thompson, to come to the cafe hoping that she might be able to help calm the situation. When Katie arrived Daniel unlocked the front door and they both entered the cafe. Daniel recommenced the conversation with Harvey and Susan and tried to explain how he was not responsible for Pamela's injuries. Harvey was angry with how Daniel was trying to avoid responsibility and said to him,

'My daughter's leg is broken and you won't accept that you are responsible. You are a criminal who belongs in prison, and if I have my way that is exactly where you will soon be'.

Daniel was annoyed by Harvey's response and as he did not want the situation to become violent he and his sister left the cafe and waited outside for the police to arrive.

Harvey followed Daniel outside the cafe and walked up close to Daniel saying

'Don't you walk away from me. If you don't start acting more respectfully then I am going to come back with my mate and we are going to fix you up.'

Daniel was infuriated by Harvey's comment and punched Harvey in the face. Harvey was concerned that Daniel was going to attack him again and so picked up a bottle that was on the ground and smashed it into Daniel's face breaking Daniel's nose.

While Daniel was at home recuperating from his injuries Harvey decided to send him a letter apologising for his conduct. In the letter Harvey wrote how he thought that Daniel was stealingfrom his customers and that when Harvey was in the cafe with Susan he had shared these views with Susan. Harvey then wrote how he had changed his mind and now knew that Daniel was not stealing from his customers. Harvey knew that Daniel lived by himself so Harvey put the letter in a sealed envelope and addressed it 'Confidential - For Thompson Only!' and put it in the mail. Daniel's sister, Katie, was staying with Daniel helping him recover from his injuries and opened the envelope when it arrived and read the letter.

QUESTIONS

1.Advise Pamela whether she will be able to successfully sue Daniel

2.Advise Harvey whether he will be able to successfully sue Daniel

3.Advise Daniel whether he will be able to successfully sue Harvey