Mr and Mrs Browne decided to sell their home at X The Crescent, Blacktown, a suburb of

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Question:

Mr and Mrs Browne decided to sell their home at X The Crescent, Blacktown, a suburb of Sydney. They repainted the inside of the home, painted the driveway, and did a quick cleanup of the garden before listing the property for sale through Stokes Estate Agents. Their house was on the high side of the street, and as such the driveway was reasonably steep. It was painted a glossy light grey colour.

The first open house inspection was on Saturday 7^th October. Ms Taylor from Stokes Estate Agents was standing at the front door to welcome interested buyers. She could see the whole of the driveway, and all people entering. It had been raining earlier in the day but was not actually raining during the open house inspection time.

Tim and Betty went to the open house inspection. They parked their car on the street, and approached the property using the driveway. Tim was in front of Betty and did not see her slip. Almost as soon as Betty was on the painted driveway her right foot slipped from under her and she fell, landing heavily on her right elbow and hip. Tim helped her up and supported her as they continued to approach the house. Betty again slipped but as Tim was supporting her, she did not fall over. Ms Taylor asked Betty if she was alright, and Betty said she was fine, although a little sore, and very embarrassed.

Betty has suffered a serious injury and has sought medical treatment. She blames others for her injuries: Mr and Mrs Browne, arguing they used the wrong paint on the driveway or there was a failure to take any non-slip control measures, and Ms Taylor, arguing she failed to warn of the slipperiness of the driveway.

Essay question: Identify the legal issues in the scenario. Identify key areas of law (concepts and principles) appropriately to discuss the issues and propose a direction to address the issues

Discuss these claims in negligence law only.