Legal Issues and Solutions: Negligence and Contract Law

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Contents
Solution 1.........................................................................................................................................2
Issue.............................................................................................................................................2
Relevant Law...............................................................................................................................2
Application of Law......................................................................................................................3
Solution 2.........................................................................................................................................4
Issue.............................................................................................................................................4
Relevant Law...............................................................................................................................5
Application of law........................................................................................................................6
Conclusion...................................................................................................................................6
Bibliography....................................................................................................................................8

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Solution 1
Issue
i. Whether Todd can sue the cinemas for the injury suffered by him?
ii. Whether the cinemas can protect themselves in any of the defenses?
Relevant Law
The law of negligence imposes penalties on the defendant for the loss that is caused to the
plaintiff because of his careless acts (Donoghue v Stevenson, 1932). The law of negligence is
also applicable on the occupiers of the premises. As per section 3 of the Occupier Liability Act,
1990 the duty is imposed on the occupier to make sure that no action of his must cause any loss
to the visitor as the visitor is in proximate relationship with him (Waldick v. Malcolm, 1997) and
(Gardiner v.Thunder Bay Regional Hospital, 1999). (Stolberg, 2018)
Thus, in order to prove occupier negligent there three requirements:
i. Duty of care – Every defendant has a duty that his acts must be carried out carefully
and to make sure that no loss is caused to any plaintiff. But, in (Childs v.
Desormeaux, 2006) to impose duty, there is a certain relationship that is required to
be maintained. (Bourboun, 2014)
a. It is necessary that the plaintiff and the defendant are the neighbors of each other.
In (Crocker v. Sundance Northwest Resorts Ltd, 1988) principle of neighborhood
submits that the plaintiff is positioned at such a place that he will get affected by
defendants acts/omission.
b. There is a need that the defendant has the ability to reasonably foresee the
plaintiff (Gabrysh v. Milenkovic, 2009).

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ii. Breach– When the defendant is aware that he is under the legal duty, then, the acts
should be carried so that the level/degree that is required must be met. The duty is not
comply with when the defendant behaves not what a normal and reasonable man will
act in the given situation (Mitchell v. Canadian National Railway Co, 1975).
iii. Damages –When the defendant is found to be in violation of his duties, then, there is
some harm that is caused to the plaintiff. But, the damages that is caused is essentially
to be proximate, that is, losses are caused to the plaintiff because of the acts of the
defendant ( Kennedy v Waterloo County Board of Education). Also, the losses
should not be remote. If any loss is caused which no normal person can anticipate,
then, the defendant is not liable for such loss. The general damages (damage for loss
of enjoyment of life and pain and suffering) and social damages (medical cost, future
cost, out of pocket expenses) can be claimed. (Tomlinson, McGlashan, Mutcheson,
Katzman, & Aubin, 2018)
There are two defenses that can be avail by the defendant:
i. Volenti non fit injuria – Defendant can prove that the loss that is inflicted on the plaintiff
is because of the negligence of the plaintiff alone incurred voluntarily;
ii. Contributory – When the loss is because of the wrongful acts of the plaintiff and
defendant both so the defendant is liable for liabilities which are caused because of him.
Application of Law
Todd took 2 for 1’ ticket from the cinemas. Now, Todd is visiting the cinema and cinema is the
occupier of the premises. Thus, as per (Waldick v. Malcolm, 1997)the occupier is under the duty
to make sure that no loss is caused to Todd because of its action. The cinema is duty bound