Vinnyis in the final year of his Business degree at UQ. The night before his final exam for Laws1100 Business Law, he goes to his favourite local restaurant/caf called 'The Hungry Student' to order and eat dinner. The restaurant is often busy because it is frequented by many University students. 'The Hungry Student' is owned and managed by Bazza who is also the chef in the restaurant kitchen.

When Vinny enters the restaurant, he sees that every table and chair is already full with customers. Bazza tells Vinny that because the restaurant is so busy he will have to wait for at least an hour to get a table to sit at. Vinny asks Bazza whether there is any possible way of getting somewhere to sit down and eat his dinner because he is hungry and cannot wait that long. After hearing this and because Vinny is a regular customer, Bazza offers him a spare table and a chair in a room next to the kitchen that Bazza uses for storage.

However, Bazza fails to tell Vinny that the chair has not been used for two months. Although the chair isn't broken, the back legs of the chair have become very loose over time. A customer warned Bazza about this problem two months ago, but although Bazza had been meaning to get the chair repaired, he has not managed to do so yet.

Vinny sits at the table in the spare room and Bazza serves him his dinner. After eating his dinner, Vinny swings backwards and forwards on the chair so that the front legs of the chair continually lift off the ground. After a number of swings, both back legs snap off, causing the chair to collapse under Vinny, who falls hard to the ground. Bazza helps Vinny up and asks him if he is alright. Vinny is a bit dazed by the fall and is a little sore, but thinks he is otherwise alright. He tells Bazzahe is fine.

The next day Vinny awakes with severe back and neck pain.Vinny decides to sit his Business Law final exam that morning. However, because of the severe back and neck pain, his concentration and ability to do well in the final exam are severely compromised. He ends up failing the Business Law final exam and has to repeat the course the following semester. He also ends up incurring medical costs for treatment for what turns out to be muscle damage to his spine and neck, and he cannot work for two days.

Advise Vinny if he can bring an action against Bazza for the tort of negligence? In doing so, consider whetherVinny will be able to claim compensation for his Course fees (due to him failing the final exam and having to repeat the course), his medical costs and wages for 2 days off work?