Question
Zhou is the owner of the Wild Ride Amusement Park (WRAP). Whenever a new employee starts work at WRAP Zhou provides him or her with
Zhou is the owner of the Wild Ride Amusement Park (WRAP). Whenever a new employee starts work at WRAP Zhou provides him or her with a written memorandum of instructions about employee safety. The memorandum instructs employees supervising a WRAP Ride to ensure that they remain at the controls of the Ride at all times that the Ride is taking place. Zhou's employee Deng supervises the WRAP Carousel Ride. One evening when only a few people have paid to take the Carousel Ride Deng decides, in contravention of the safety memorandum, that he will join the Ride. Deng is convinced that he does not need to be at the controls of the Carousel Ride for it to run smoothly and jumps on the Carousel. The Ride malfunctions and abruptly stops. Deng is flung into the safety gate of the Carousel cab in which he is riding. He sustains injuries to his teeth and breaks his right arm. The injuries to his teeth necessitate reconstructive surgery and because his arm is in a cast he cannot work at WRAP for 8 weeks. Deng requests subsidy of his dental costs and additional compensation for missed work and emotional trauma. Zhou refuses payment because Deng disobeyed the memorandum of safety instructions. Deng says that WRAP employees 'jump on rides all the time when they are bored' and that the safety memorandum is only brought to the notice of employees when they start work at WRAP but is otherwise forgotten. Deng intends to sue Zhou for negligence. a) Discuss whether Zhou owes a duty of care to Deng. Discuss the requirements legally required to establish a duty of care. b) Discuss whether Zhou has breached her duty of care, applying the standard of care tests. c) Are there any defences available to Zhou against the claim of Deng? What damages can Deng claim and will he be successful in obtaining those damages?
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