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Superfit Health Club In this grounds, firstly, the sm whatsoever nipper was admitted to the SHC, so the child was the lawful visitor, as was Deborah. According to the occupiers indebtedness Act 1957, scratch 1(2) and 2(2), the SHC should have a ballpark occupation 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 churl pick had been spilled many time earlier by that teensy-weensy child, on the fundament of Donoghue v Stevenson [ 1932] AC 562, the spilled ice cream was unforeseeable, save it had existed on the floor for a period of time, which marrow the potential find had existed, according to Cunningham v Reading FC [1991] clock LR 153, the HSC neglected to flummox precautions against clearly foreseeable dangers. So these burn down prove that the proprietor of the SHC owed a Duty of Care on Deborah, the Duty had been breached by the SHC, Deborah twisted her ankle due to the way out of breach. It satisfies the requirement of the negiligence in tort law. Therefore Deborah should claim salary 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 come with with her mother, the HSC also had the Common Duty of Care of her. When she swam in the SHC pool, good 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 Woo dward v mayor of Hasting [ 1945] KB 174, th! e owner of SHC liable for negligent repair of the chapped tiles. Meanwhile, according to the office 2(4)(a) of the Occuupiers Liability Act 1957, it was enough to modify 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 need to get a full essay, order it on our website: OrderCustomPaper.com

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