However, if there were an appeal, it would be heard in the “Court of …show more content…
According to Canadian Business and the Law, duty of care is an element of the tort of negligence and it is defined as the responsibility owed to avoid careless that causes harm to others. Also, it necessarily need to test in terms of two types factors such as foreseeability and proximity: legal neighbour because a plaintiff must state and clarify the two factors in order to successfully bring a claim in negligence for compensation for an injury.
As the result of the Negligence Analysis steps to establish Duty of Care shows positive, there is enough evidence to identify that PP owe Darrell a duty of care.
Based on the result of the Negligence Analysis to identify that the PP breached the standard of care, Pizza Palace is not reasonable Restaurant. This is because they did not pay more attention to manage their stuff and investment and inventory.
Defenses available to PP is only Contributory Negligence that is a partial defense.
This is because since Darrell did not sign any waiver, Voluntary Assumption of Risk is not applicable.
Additionally, when considering that Darrell replied by “No, thanks. I’m in hurry. I ‘ll just take it as it is.” Darrell was not pay attention to establish the