Advice Josh and Julie of their legal rights and/or obligations, assignment help

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Having recently moved out of home, Ben decided he needed to do his weekly shopping. He went into the local supermarket, going through a meal plan in his head. He couldn’t remember the ingredients he needed to make his mother’s wonderful lasagne, so he decided to text his mother and ask her.

Because he was busy on his iPhone, he wasn’t paying sufficient attention and as he was walking near the freezer area, he slipped on some wrapping paper that has been left on the floor. As Ben tried to recover his balance, he caught his arm on the edge of the open freezer section and cut his arm on a pack of frozen prawns sticking up out of the top of the freezer.

Ben sustained a very deep cut to his right arm when he tried to break his fall and stop hitting himself with his own shopping basket. Sam, who was also shopping, saw Ben fall and came to help him. But as he was trying to help Ben to his feet, he lost grip of Ben’s hand and Ben twisted his ankle.

The supermarket manager apologised to Ben, saying that accidents happen, but that there is a cleaning policy in place requiring a staff member to check the floors every half hour, and more frequently during busy periods. He said the last time a staff member checked the floor was 25 minutes before Ben fell. He also told Ben that he should have been a little more careful and that being on the phone whilst shopping is a dangerous activity and he needed to pay attention.

As a result of his injuries, Ben is unable to partake in the swimming championship selections. There is every indication that Ben could have received a gold medal in 400m Butterfly race qualifying him for the next Commonwealth games, but due to his injuries, this is now gone.

Ben knows that you have recently completed a Business law unit which dealt with negligence and asks you to provide him with some advice. He wishes to know whether he is able to take any action against the supermarket and/or Sam.

Advise Ben whether he is able to take any action against:

  1. 1. the supermarket; and/or
  2. 2. Sam

The format should be Example of a good essay

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