Assignment By Gavin Weng Print Version 
Assignment
Lecturer: Jessica Pereira
Name: Minghui Weng
Monash ID: 24918814
Q: Can Elsie take action against The Promenade’s management?
The issue is whether a customer can take action against the property owner for negligence. If the case satisfies the duty of care owed, the breach of standard of care and the damage simultaneously, Elsie can sue the Promenade’s management for negligence. As is was explained in Donoghue v Stevenson 1, if the Elsie would closely and directly affected by the Promenade’s management’s act ,then the Promenade’s management owe Elsie a duty of care. Elsie is a lawful customer. The Promenade’s management is the property owner. It is clear that property owners owed customers a duty of care as it was decided in Australian Safeway Stores Pty Ltd V Zaluzna2. Therefore, the Promenade’s management owed Elsie a duty of care.
If the Promenade’s management failed to exercise the proper standard of care, as in Donoghue v Stevenson3, the Promenade’s management breached the standard of care. It was reasonably foreseeable that certain visitors would slip due to the slippery floor. Moreover, as Charles, the tour leader, told Elsie to be careful of slipping, it was clear that a reasonable person should have noticed the danger of the slippery floor. However, the arcade’s management didn’t do any things to prevent visitors from slipping. They could have organized cleaners to clean the wet floor and put a notice board or a sign to remind visitors. Thus, the breach of standard of care is established.
Last but not the least, if Elsie’s losses were caused by the defendant’s negligence and were the losses reasonably foreseeable to prove the Promenade’s management is negligence. It was evident that Elsie’s injure was caused by the negligence of the Promenade’s management. It is because slippery floor, which the Promenade’s management failed to have it clean by organizing relevant workers, that Elsie would fall and get injury. Elsie could have avoided the
Lecturer: Jessica Pereira
Name: Minghui Weng
Monash ID: 24918814
Q: Can Elsie take action against The Promenade’s management?
The issue is whether a customer can take action against the property owner for negligence. If the case satisfies the duty of care owed, the breach of standard of care and the damage simultaneously, Elsie can sue the Promenade’s management for negligence. As is was explained in Donoghue v Stevenson 1, if the Elsie would closely and directly affected by the Promenade’s management’s act ,then the Promenade’s management owe Elsie a duty of care. Elsie is a lawful customer. The Promenade’s management is the property owner. It is clear that property owners owed customers a duty of care as it was decided in Australian Safeway Stores Pty Ltd V Zaluzna2. Therefore, the Promenade’s management owed Elsie a duty of care.
If the Promenade’s management failed to exercise the proper standard of care, as in Donoghue v Stevenson3, the Promenade’s management breached the standard of care. It was reasonably foreseeable that certain visitors would slip due to the slippery floor. Moreover, as Charles, the tour leader, told Elsie to be careful of slipping, it was clear that a reasonable person should have noticed the danger of the slippery floor. However, the arcade’s management didn’t do any things to prevent visitors from slipping. They could have organized cleaners to clean the wet floor and put a notice board or a sign to remind visitors. Thus, the breach of standard of care is established.
Last but not the least, if Elsie’s losses were caused by the defendant’s negligence and were the losses reasonably foreseeable to prove the Promenade’s management is negligence. It was evident that Elsie’s injure was caused by the negligence of the Promenade’s management. It is because slippery floor, which the Promenade’s management failed to have it clean by organizing relevant workers, that Elsie would fall and get injury. Elsie could have avoided the