Reference no: EM132915176

Hello can you help me answer this scenario problem by acting as a Plaintiff 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 Plaintiff
• 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:

• Samantha asked a waiter for directions to the toilets and the waiter pointed down the corridor saying that they were 'out the back'. Samantha walked straight past the toilet door as it was unmarked, and went out through the back door, which was open. Thinking the toilet must be in the garden, she walked through the small gate in the fence, which was unlocked. Samantha then tripped on a piece of limestone in the dark and fell into the sunken garden. She has broken her arm and her mobile telephone, and will miss 6 months of work.