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Scenario Tara is a LOW student. She always attends every class, even her LAW960 lectures which start at 8.30am. One of her friends Jim has

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Scenario Tara is a LOW student. She always attends every class, even her LAW960 lectures which start at 8.30am. One of her friends Jim has also enrolled in LAW960, but he hardly attended any classes. Before the final exam, Jim and Tara reached a written agreement that Tara would lend her lecture notes to Jim and in return Jim promised to always be supportive to Tara. That agreement also stated that "This agreement is intended to be legally binding As her usual practice, Tara bought a cup of take-away coffee before today's lecture from the nearby cafe called Rushed Coffee. Unfortunately, there was a long queue for coffee, so by the time she got her large cup of hot coffee, the lecture was about to start. She ran towards the lecture room carrying her cup of coffee. She was always watching her cup carefully, making sure she did not spill it Unfortunately, about 5 metres before the lecture room door, she fell over, spilling her coffee everywhere. Her left ankle was seriously injured. Tara had fallen over because the floor was wet. She had not seen a small warning sign the University had placed on the floor near the entrance to the lecture room. The small yellow sign read "Caution: Wet Floor". The University had put this sign there because one of the cleaning personnel had earlier used a steam machine to wash the shiny smooth tile floor. This normally leaves a thin residue of water which dries off in about 30 minutes. Large sections of the floor were wet and slippery. Two other students, who had arrived from a different direction, also fell over even though they had not been running. The University normally places at least three warning signs if the floor has been steam cleaned. These other students also had not seen the one warning sign, despite walking at a normal pace towards the lecture room. The University was only able to place one warning sign today because for some reason the other signs had been misplaced After the exam, Tara was upset because she felt that she did not do well in the exam. She called Jim and told him how sad she was. However, Jim did not care that much and hung up the call. Tara claimed that Jim had breached their contract. Your tasks (total 35 marks): a) Advise Tara whether could sue Jim for breach of contract. (10 marks) b) Advise Tara whether the University could be liable to her in negligence (25 marks) In your answer, you should consider all the elements of negligence, and the possibility of defence(s) to negligence, Note: Refer to case law and/or legislation to support your answers. 22

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