Reference no: EM132913714

Hello can you help me answer this scenario problem by acting as a Defendant and establish the elements of Tort of negligence. Answer using an IRAC format

Advise the following parties of their respective legal position, using the law of negligence. In particular, please analyse the elements to prove negligence and defences to negligence, with reference to sections of the Civil Act 2002 (NSW) as well as relevant case-law.

Requirements for this task:

• the tort of negligence will be used to apply in this scenario 
• you are acting as a Defendant
• Mention case laws in the rule section of the IRAC format
• apply the law under the tort of negligence to the question
• answer in IRAC format

SCENARIO

On 1 May 2021 a new restaurant, Wildfire, opened in Mollymook, NSW. The restaurant is owned and operated by Ross. Ross leased the premises, an old fisherman's cottage ('the cottage'), from Jasmine.

There is a large grassy terraced garden behind the cottage ('the sunken garden') which is also owned by Jasmine but does not form part of the premises leased to Ross. There is a fence, with a gate, separating the cottage from the sunken garden.

During the first month of operations at the restaurant the following things happen:

• Kate is diagnosed with severe food poisoning after eating the chicken carbonara at Wildfire. It turns out that the chicken used in the dish had been sitting out on the counter since the restaurant had closed the previous evening. The chef thought it would be fine to still use as the weather had been quite cool overnight. Kate had originally thought that the dish didn't taste quite right but ate it anyway as she was really hungry. As a result of the food poisoning, she misses a week of work.