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Superfit Health Club In this fibre, firstly, the sm whatsoever child was admitted to the SHC, so the child was the lawful visitor, as was Deborah. According to the occupiers liability 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 water ice pickax had been spilled many time earlier by that polished child, on the fundament of Donoghue v Stevenson [ 1932] AC 562, the spilled ice cream was unforeseeable, but it had existed on the floor for a period of time, which mode the potential find had existed, according to Cunningham v Reading FC [1991] propagation LR 153, the HSC neglected to flummox precautions against clearly foreseeable dangers. So these plenty prove that the proprietor of the SHC owed a Duty of Care on Deborah, the Duty had been breached by the SHC, Deb orah twisted her ankle due to the way out of breach. It satisfies the requirement of the negiligence in tort law. Therefore Deborah should claim hire 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 tended to(p) with her mother, the HSC also had the Common Duty of Care of her. When she swam in the SHC pool, tremendous 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 Woodw ard v mayor of Hasting [ 1945] KB 174, the ! owner of SHC liable for negligent repair of the balmy tiles. Meanwhile, according to the office 2(4)(a) of the Occuupiers Liability Act 1957, it was enough to enable 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 requisite to get a full essay, order it on our website: OrderCustomPaper.com

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