Dodol Engineers Pty. Ltd operates a foundry specializing in the manufacture of oil drums. These drums are exported overseas and distributed locally to all oil producing companies.

Gilbert was an employee of the company for 15 years. He is married with three children. His job involves welding of the drums. The company provided protective metal masks which all the employees were required to wear while doing any welding on the drums.

One morning while welding the drums, Gilbert slipped as there was water on the floor. He was not wearing the proper boots required for the job and sparks emitted from the hitting him in the eyes. Whilst Gilbert was wearing the protective mask provided by Dodol; it was discovered that the mask was of poor quality and did not meet the required safety standards.There was no first aid kit in the premises.

The accident cost Gilbert over $30,000 in plastic surgery as he was badly scarred from the accident. He also had loss of future earnings as he could not go back to work for six months. His wife (Mary) in the meantime suffered mental trauma as she could not handle the situation. She had to undergo counselling for depression. The cost per session was $300.00.

Required:

1. Advise Gilbert whether he can succeed in an action under the tort of negligence against Dodol Engineers Pty. Ltd by addressing whether:

-A duty of care was owed

-The duty of care was breached

-The plaintiff suffered damages

-Whether the defendant can use any defences

2.Does Dodol owe aduty of careto Mary under the tort of negligence?

Please use the style of IRAC(Issue,Rule, Application and Conclusion) to answer two quesitons