Question
Scenario The Canberra Cat Caf (CCC) is in the Australian Capital Territory. Visitors pay an entry fee to interact with cats on the premises. The
Scenario
The Canberra Cat Caf (CCC) is in the Australian Capital Territory. Visitors pay an entry fee to interact with cats on the premises. The CCC also sells food and drink. Claire is the manager.
Quinn arrives at the CCC to play with the cats. She pays the entry fee. Claire tells Quinn that for safety reasons she should not pickup a cat while it is sleeping. Quinn agrees. But soon after her arrival she sees a cute cat called Godric who looks like a cat she had as a child. She picks up Godric even though he is sleeping. Godric scratches Quinn. She gets a serious infection and is ill. Quinn has to take unpaid leave from work to recover. She also misses her brother's wedding, as she is too sick to travel.
Quinn later learns that Godric was not immunised, and this is why she got the infection from the scratch. CCC policy states that cats must be immunised before entering the caf. Claire was busy with other matters and did not have time to arrange for Godric's immunisation. Claire put Godric in the caf as she did not want CCC to lose customers if there were not enough cats.
Question
Quinn asks you if she can bring an action in negligence. Include consideration of the following legal issues in your answer:
Does CCC or Claire owe a duty of care to Quinn?
If a duty of care is owed, what is the standard of care? Was the standard of care met?
If the standard of care is breached, are there any relevant defences?
If all the elements of a negligence action are met, what damages, if any, might Quinn seek?
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