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All About Animals is a pet store in Melbourne. Its business philosophy is based on the ethical treatment of animals, and it focuses on finding new homes for abandoned pets. All About Animals operates from large premises, and consistently with its business philosophy, it allows some kinds of animals to roam (or fly) freely throughout the store – including dogs, cats, and birds. In September 2017, Angus visited All About Animals at 11:00AM, to deliver a crate of dog food. Angus works for Happy Hounds, a business supplying pet food to All About Animals. While in the store, Angus slips over in a puddle of water, badly injuring his leg. He requires medical treatment and is unable to work for 2 months, and as a result incurs medical expenses and a loss of income. The puddle had formed when a dog, chasing a cat through the store, knocked over a container of water that had been set up for the store’s birds to drink from. Angus was on his way out of the store and was using a mobile phone to send his friend a text message at the time when he slipped over. Staff at All About Animals clean the store twice a day – once at 9:00AM, when the store opens, and again at 12:00PM, in the middle of the day. It is common for pet food and water bowls to be spilled during the course of the day, as a result of animals moving throughout the store. Explain whether All About Animals is liable, in the tort of negligence, for Angus’ injuries. Please discuss all elements of a negligence action and any defences that might apply. Please ensure that you use relevant legal principles and authority in support of your answer (ie. legislation and cases).

Question

All About Animals is a pet store in Melbourne. Its business philosophy is based on the ethical treatment of animals, and it focuses on finding new homes for abandoned pets. All About Animals operates from large premises, and consistently with its business philosophy, it allows some kinds of animals to roam (or fly) freely throughout the store – including dogs, cats, and birds.

In September 2017, Angus visited All About Animals at 11:00AM, to deliver a crate of dog food. Angus works for Happy Hounds, a business supplying pet food to All About Animals. While in the store, Angus slips over in a puddle of water, badly injuring his leg. He requires medical treatment and is unable to work for 2 months, and as a result incurs medical expenses and a loss of income. The puddle had formed when a dog, chasing a cat through the store, knocked over a container of water that had been set up for the store’s birds to drink from. Angus was on his way out of the store and was using a mobile phone to send his friend a text message at the time when he slipped over.

Staff at All About Animals clean the store twice a day – once at 9:00AM, when the store opens, and again at 12:00PM, in the middle of the day. It is common for pet food and water bowls to be spilled during the course of the day, as a result of animals moving throughout the store.

Explain whether All About Animals is liable, in the tort of negligence, for Angus’ injuries. Please discuss all elements of a negligence action and any defences that might apply. Please ensure that you use relevant legal principles and authority in support of your answer (ie. legislation and cases).

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Solution

The tort of negligence requires three elements to be established: duty of care, breach of that duty, and causation of harm.

  1. Duty of Care: All About Animals, as a business, owes a duty of care to its customers and visitors, including Angus. This is established in the case of Donoghue v Stevenson [1932] AC 562, where it was held that a business owes a duty of care to those who could be foreseeably affected by its actions or omissions.

  2. Breach of Duty: The standard of care required is that of a reasonable person. In this case, All About Animals cleans the store twice a day. However, given the nature of the business, where animals are allowed to roam freely and it is common for food and water bowls to be spilled, it could be argued that a reasonable person would have taken additional precautions to prevent accidents, such as more frequent cleaning or warning signs. Therefore, it could be argued that All About Animals breached its duty of care.

  3. Causation: Angus' injuries were directly caused by the puddle of water, which was a result of the store's practices. Therefore, the causation element is likely satisfied.

However, All About Animals could potentially raise the defence of contributory negligence. This is where the injured party has contributed to their own harm. In this case, Angus was using his mobile phone to send a text message while walking, which could have contributed to his not noticing the puddle. If this defence is successful, it could reduce the amount of damages Angus is entitled to.

In conclusion, it is likely that All About Animals could be found liable in negligence for Angus' injuries, but the damages awarded could be reduced due to Angus' contributory negligence.

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All About Animals is expanding, and is considering opening a new store on the other side of Melbourne. It hires Paige, a business analyst, to provide a report assessing the proposed new store’s feasibility. It is important for All About Animals that the new store is profitable, as losses will affect its ability to re-home abandoned pets (and therefore to achieve the business’ core purpose). Paige analyses the business processes of All About Animals, the demographics of its customer base, and the location of the proposed new store. Paige’s written report recommends going ahead with the new store, and All About Animals opens the new store. When preparing her report, Paige was unaware that the local council had just approved a massive long-term construction project on the property next door. Noise from the demolition and construction work seriously impacts upon the new store. Customer numbers are much lower than they would be otherwise, and significant losses are incurred. The construction project would have been discovered if Paige had made enquiries with the local council. Does Paige owe a duty of care to All About Animals in the tort of negligence, in relation to the provision of her advice? Do not discuss other elements of the tort of negligence when answering this question. Please ensure that you use relevant legal principles and authority in support of your answer (ie. cases and/or legislation).

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