Problem: Cary, Lee and Hans studied online at UNE. They all studied LSSU251 and got Distinctions. They agree to establish a new partnership to operate a business consulting service.
They work very hard, often finding it hard to find time to leave the office so they have lunch in the meeting room. Yesterday Hans had the excellent burger and chips from the downstairs café. Han's drops some chips on the floor. He doesn't pick them up, but he does tell the officer manager, Jan, who calls the contracted cleaners to see if they can come in earlier. They say they are busy but will be there after the business has closed at 5pm.
Later that afternoon, Lee brings a new client, Sam, into the meeting room. As Sam enters the room she slips on the chip, breaks her arm, hits her head, fractures her skull and is concussed. Sam can't work for three (3) months. Sam is outraged and wants to sue. It turns out that the partnership does not have insurance, so Sam wants to sue Cary, the richest of the three partners. Cary has been on holidays for three weeks so the first he hears of the case is when he receives a letter of demand from Sam's lawyers.
Does Sam have case in negligence against Cary?
Would there be any difference to your legal assessment if:
1. Paper towels had been laid out over the chip? Or
2. The cleaners had responded immediately to Jan's call and were on their way?
Your answer must be supported by relevant case law and legislation.