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Superfit Health Club In this matter, firstly, the sm every shaver was admitted to the SHC, so the child was the lawful visitor, as was Deborah. According to the occupiers obligation Act 1957, scratch 1(2) and 2(2), the SHC should have a ballpark craft of carefor all its visitors. Secondly, Deborah and her daughter were in the foyer already, that they had a proximate kinship between the SHC. Before Deborah slipped on the floor, the trumpery drub had been spilled many time earlier by that half-size child, on the fundament of Donoghue v Stevenson [ 1932] AC 562, the spilled ice cream was unforeseeable, and it had existed on the floor for a period of time, which instrument the potential find had existed, according to Cunningham v Reading FC [1991] times LR 153, the HSC neglected to flummox precautions against clearly foreseeable dangers. So these back prove that the proprietor of the SHC owed a Duty of Care on Deborah, the Duty had been breached by the SHC, Deborah tw isted her ankle due to the allow of breach. It satisfies the requirement of the negiligence in tort law. Therefore Deborah should claim compensation from SHC. But roughly the stained clothes was only caused by herself with the ice cream, there is no duty for proprietor of SHC.

Emma, Deborahs 15 year old daughter, was also the visitor who was attended with her mother, the HSC also had the Common Duty of Care of her. When she swam in the SHC pool, breakneck already existed with the kooky tiles on the side wall of the pool, however the owner of the SHC did not repair them immediately, according to Woodward v c ity manager of Hasting [ 1945] KB 174, the o! wner of SHC liable for negligent repair of the batty tiles. Meanwhile, according to the office 2(4)(a) of the Occuupiers Liability Act 1957, it was enough to alter the visitor to be reasonably safe. Base on the case of Roles v Nathan [1963] 2 ALL ER 908, the dangerous had existed without any warnings. In addtion, Emma was placid a minor, accorcding to he section 2(3)(a), if the...If you compliments to get a full essay, order it on our website: OrderCustomPaper.com

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