I study Commercial law. I have some problems with activity. Can you help me please?

Discuss who can sue whom for what. Please also discuss the defence(s), if any, that a party may raise. Where relevant, discuss parties' contractual rights and obligations.

Scenario:

Shortly after midnight on Saturday 10 June 2018, Tung went to the upstairs venue of the Blackrock Cafe with a friend, Binh. Downstairs there was a hotel bar through which patrons had to walk to reach the stairs which led up to it. The venue, really a nightclub, had a band, the Breakers", which had regularly played there for three or so years, and the Breakers were playing that night. The band was lively and was the best Tung had seen. The premises were licensed until 4 a.m., and the nightclub was regularly filled with up to 500 patrons. The premises held two bars, moveable tables, and benches for patrons to lean on, over a carpeted area adjoining the dance floor, which had a sunken timber polished surface. Above the dance floor was an aluminium lighting grid to which revolving flashing lights were attached. Tung thought the nightclub was well run, and that it was a good and safe place to visit, and there were bouncers on the door preventing the entry of drunks. Any who fought were quickly escorted out and unruly conduct was usually quickly quelled. Tung liked the people who patronized the place, and he had been there 30 or 40 times before that night.

Tung arrived that Saturday night (in fact, Sunday morning) at about 12.30 a.m., paid his entrance fee of $8, and went upstairs to the nightclub. The venue was crowded, there were some 300 to 500 people there, most in the 18 to 30 age group, but the crowd was well-behaved and the nightclub had five bar staff, and five strategically placed employees plus one roving bouncer to maintain control. The security was generally very good. The main profit of the business came, however, from the sale of alcohol, and it was the function of the band to encourage people to drink by playing lively music which excited and heated the patrons, thus giving them a thirst which the bar staff would assuage. The Breakers regularly played two songs, one a Van Halen track called Jump" and the second known as "Let me go wild". "Jump" had a line in the chorus, "Go ahead and jump" and, when the line was reached, patrons on and off the dance floor would leap into the air with varying degrees of enthusiasm and success. When Let me go wild" was played, the audience would crouch down for 15 or 20 seconds, and upon a radical crescendo would go wild and jump in the air. That night the Breakers were particularly lively, and at times it was impossible to talk.

Tung remained at the nightclub, drinking fairly regularly. By 1.30 a.m. he was intoxicated. At that time he was standing on the carpeted area directly under a section of the lighting grid, facing the dance floor and talking to Binh. "Jump" was being played and the Breakers reached the chorus line at which the usual levitation was to occur. Tung was talking to Binh when he felt a bang on his head, a hard powerful sharp blow as though someone had hit him with a cricket bat. His head was knocked forward and back, he lost balance and then crashed forward. While falling down, Tung collided with Binh, causing Binh to suffer serious injuries in his chest. Tung then discovered that he had been hit by the lighting grid which had come down, but had no idea what had caused this to occur.

What had happened was that the lighting grid under which Tung was standing had fallen on his head. Wayne Matthews, the singer and second guitarist of the Breakers, said that when the singers in the band shouted jump", Chu, who was one of the bar staff working for Blackrock Caf that night, had leapt on to one of the bar tables, waved his hands around and then leapt out like Tarzan at the lighting grid causing the lighting grid to become loose and crash down on Tung. Tung suffered significant soft-tissue injuries to his neck and spine as a result of the blow to his head. During the time Tung was hospitalized, a burglar broke into his house stealing his laptop and $50,000.

The lighting grid was rectangular in shape measuring approximately 4.5 meters by 5 meters. It was supported by means of a cable which sat on hooks which were in tuin fixed to battens in the ceiling. There were ten hooks spaced around the perimeter of the grid. The collapse of the grid did not occur because the wire cable frayed or broke; rather it was likely that the swinging motion of the grid caused it to slip off the ceiling hooks. The lowest point of the lighting grid was approximately nine feet above the carpeted area, and the dance floor was some six inches lower still. Two or three days after the incident, the lighting grid was re-fixed into position by a builder, this time using eye-hooks and a chain to prevent any possibility of the grid slipping off the hooks in the future.

Whilst recovering in hospital, Binh fell down the slippery hospital stairs on his way to visit the hospital garden. The accident occurred at 6.30 am, after a very heavy raining night. It is the policy of the hospital that the hospital cleaning staff will work from 7am to 11pm every day; the floor and stairs will be cleaned every 10 minutes during this time (7am to 11pm). As a consequence of the fall in the hospital, Binh broke his arm and had to stay in the hospital for an extra one month incurring further medical expenses ($15.000). Before the first accident in the bar, Binh already applied for an IT engineer position at a multinational corporation (the annual salary for this position was $90,000). However, because of the second accident in the hospital, Binh missed the job interview with the corporation, and the corporation offered the job to another candidate.