then they would return to the hotel, work out in the gym, have lunch and then relax by the indoor pool and hot tub with their friends. At lunch that day, they started drinking - a lot. They then changed into their bathing suits and the whole group of friends sat by the pool all afternoon. While there, they drank some more. At one point, they also decided to smoke some cannabis and later, to consume some illegal drugs. By mid-afternoon, they were all very drunk and quite high on drugs. Unfortunately, while walking from her chair to the hot tub, Hei slipped and fell, injuring herself quite badly, and requiring hospitalization and surgery. Hotel security investigated and it turns out that the maintenance person who normally cleans the pool area did not show up for work that day, and the floor throughout the area was quite wet. Making things worse, during the investigation, they discovered that before Hei's group arrived, a family with young children had been playing by the pool and one of the children spilled some slippery drink onto the floor. The family called the hotel reception desk to advise them of this and they were told that the maintenance person who take care of things. In telling the family this, the hotel employee was unaware that the maintenance person was not able to work that day.

1. For what tort(s), if any, would Hei sue the hotel? (1 mark)
2. What defence(s) - if any - might the hotel argue and why? (3 marks)
3. If the hotel is successful in arguing such defence(s), how would this impact the outcome of Hei's case against the hotel? (2 marks)