SECTION A: SHORT ANSWER QUESTION (5 MARKS)

In your own words, describe and explain TWO (2) situations where there will be a duty of care between two parties.

SECTION B: PROBLEM BASED (15 MARKS)

Read the following scenario and answer the question using the IRAC method.

Peter Parker was having dinner at Forest Cafe one night when he found himself urgently needing to use the toilet. He signalled to the waiter who showed him the way to the toilet. Peter was not familiar with Forests lay out as this is the first time he had been there. He entered the dimly lit corridor and walked towards a door marked MEN. Peter opened the door and stepped into an even darker room. Just inside the door, Peter felt for and pushed a light switch, but no light came on because the lights have all burned out. Nevertheless, because his stomach was really churning, Peter rushed into the toilet. He entered a cubicle and sat on the toilet only to experience a sharp pain to his bottom. It turns out that the cubicle he entered was under repair because the toilet seat was broken. So, when Peter sat down, his bottom was pierced by the sharp edges of the broken bowl.

Peter now wishes to sue Forest Caf for negligently failing to ensure the safety of their customer. Will he be successful? Discuss.