The HillsView Shopping Centre in Castle Hill NSW is a large shopping centre with many tenants, including large retailers and small shops.

In the past year, the following incidents have occurred:

• While employed by HillsView management to clean leaves from the roof and gutters each day, Fred suffered regular sunburns to his face, neck and arms. A mole on his neck changed its shape, colour and size.
• When Fred noticed the mole had changed, he saw his doctor Robert. Robert gave Matthew some paracetamol and suggested he cover the mole with a band-aid, and that he should 'not worry'. A few months later Fred discovered the mole had turned cancerous and spread into his lungs. The specialist told Fred he had 6 months to live. Fred discovers from several specialist doctors that if he had been referred to them earlier, surgery to remove the mole may have prevented the cancer and saved his life.
• Jessica was shopping in Fruit World, a retail store in HillsView, when Corey, who was packing fruit, dropped a heavy box into her foot, breaking the bones in that foot and causing Jessica to fall and injure her shoulder. The injuries took eight weeks to heal while in plaster casts, and Jessica lost her casual job as a result of being unable to perform her duties. Jessica fell into depression and was unable to find alternative employment.

Required:Answer the following three questions in relation to this scenario. Each part has marks allocated

1. Fred wants to take action against HillsView Shopping Centre for failing to provide him with protective clothing. HillsView argues their liability does not extend beyond the original sunburn. Discuss what Fred will need to show if he wishes to pursue HillsView for liability for his cancer. Refer to relevant case law in your response. (5 marks)

2. Explain the standard of care owed by Robert to Fred, and explore any defences Robert may rely on to avoid liability for Fred's cancer spreading. Refer to relevant legislation and case law in your response. (7 marks)

3. Identify whether Jessica would likely take action against Fruit World, or HillsView. Explore the elements Jessica must establish in relation to Fruit World. Explain whether Jessica can sue Fruit World for all harm suffered, including her depression. If Fruit World claims that Corey is an independent contractor and not an employee, discuss the factors that must be considered. Refer to a relevant case in your response. (8 marks)