LAW 101 Seminar Handout

Introduction to Tortious Liability and Negligence

Negligence - Duty of Care

(i) Jean was a regular shopper at East End Four Corners Supermarket, which was part of a large
nationwide supermarket chain. She was there at least once a week and sometimes more
often if the specials were really good.
When Jean was there this week, she slipped on some grapes in the pet-food section in aisle
3, slipping and falling, and breaking her ankle. The store manager was not sure how the
grapes got there or how long they had been there, but store policy was to do checks every
15 minutes of the floor in the fruit section. The store manager indicated that there were a
number of spillages every week in the green grocery section of the store.

The store owner wishes to know whether East End Four Corners Supermarket owes a duty
of care to Jean?

Negligence – Duty of Care

(ii) Johnny hires Ash’s sister Rachel as a belly dancer to entertain his patrons at The Lame Duck.
Rachel encourages Barney, a customer who is celebrating his 60th birthday with his family,
to join her in a dance. While vigorously attempting to keep up with Rachel, Barney breaks
his hip. Does Barney have an action against Rachel in the tort of negligence? In your answer
focus on whether or not Rachel owed Barney a duty of care.

Negligence – Breach of Duty

(iii) Jean was a regular shopper at East End Four Corners Supermarket, which was part of a large
nationwide supermarket chain. She was there at least once a week and sometimes more
often if the specials were really good.
When Jean was there this week, she slipped on some grapes in the pet-food section in aisle
3, slipping and falling, and breaking her ankle. The store manager was not sure how the
grapes got there or how long they had been there, but store policy was to do checks every
15 minutes of the floor in the fruit section. The store manager indicated that there were a
number of spillages every week in the green grocery section of the store.

If East End owes a duty of care to Jean, has it breached that duty of care?

Negligence – Breach of Duty

(iv) Johnny regularly engages Ian to clean his pool. One day Ian parks his van in the driveway in
front of Johnny’s double garage, which as usual is closed and locked while Johnny is at work.
While Ian is cleaning the pool at the back of the house, a sudden hail storm causes damage

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to Ian’s van. Ian insists that Johnny compensate him for the damage to the van, since it
occurred while Ian was on Johnny’s property, and would not have happened if Johnny had
left the garage door open for him. Should Johnny be compelled to compensate Ian? Assume
that Johnny owed Ian a duty of care, and focus upon whether or not that duty of care was
breached.