A single storey supermarket is situated next to a school. It is a common occurrence that children from the school climb onto the roof of the supermarket and play on the roof. Groups of children have continued to play on the roof of the supermarket for several years. The owners of the supermarket are aware that children from the school next door frequently play on the roof and have not don anything to prevent the children from climbing the building. The supermarket building was designed by an architectural firm who were instructed to provide plans for railings surrounding the roof to prevent people from gaining access to the roof but the architects failed to include the railings in the final plans for the supermarket and the railings around the roof were never built. Recently a group of school children were playing on the roof when one child slipped from the roof as he was climbing up and has suffered serious injuries. The child, through his parents, are suing the supermarket for the child’s injuries claiming that the supermarket were negligent.
Set out the essential components of the Tort of Negligence and provide case law examples for each component and also provide possible defences that may be available to the supermarket and provide case law examples.
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