law of Torts

Question 1

Pete bought an old house – a fixer-upperer – in New Street, ACT, late in 2011. He has since been restoring it. Since that
time, he has developed a close friendship with Don and Christine, who live next door, and they often come over to the house
for a drink.
When Pete bought the house, the front steps leading up to the front door had completely rotted away. He has since replaced
them, but they remain slippery, particularly when they are wet. Indeed, Pete has slipped on them himself a number of times
since he replaced them, and he has been intending to put non-slip strips along the top of each step to prevent similar falls,
but hasn’t yet got around to doing it.

On grand final weekend last year, Don and Christine came over to Pete’s for a drink. They got caught up watching the game,
and they were drinking heavily while they were watching. When they eventually went to leave, it was quite late, and it was
dark. It had also been raining heavily throughout the evening. There was no light over the steps, and they were quite wet.
Don slipped on the top step, and fell to the bottom, breaking his ankle, and knocking himself out. Christine, who was right
behind him, saw him fall and lose consciousness. She became hysterical, and was convinced Don was going to be permanently
disabled, despite the paramedics’ assurances that he would be fine. She has since been diagnosed with an anxiety disorder.

When Don went to the hospital, he was seen by a doctor who set his broken ankle in plaster. Unfortunately, he didn’t make
sure the leg was straight before setting it. Don’s leg is now permanently twisted, and his left foot points out at an awkward
angle. As well as causing him pain, he has missed about six weeks from work – he is a highly paid merchant banker on a salary
of $350,000/year – and is no longer able to play competitive footsal.