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Case Law - newcastlechick123 - 11-18-2004

Jessica bumps into her secretary when he was bringing her a cup of coffee as she wasn't looking where she was walking as she was reading a file. The secretary throws the cup of coffee in the air and it lands on Ben an electrician who is doing emergency repairs. Ben is scalded and mistakenly blacks out the whole of the office premises. John a burgular who was breaking in to the office falls out the window and is seriously injured. Ben and Tom wish to sue Jessica for their respective injuries. On what grounds may they bring an action? Are there any defences available to Cindy? Refer to relevant case law in your answer