Kim runs a popular local restaurant and occasionally hires Lee as a magician with knives to entertain patrons. One evening a regular customer, Winston is celebrating his 85th birthday with his family. Winston had been drinking some alcohol but later claims he was definitely not drunk when Lee enticed him to participate in a magic trick involving knives. As the trick progressed Warren was injured by one of the knives. This has never happened at Kim's restaurant before and it has never happened to Lee either.

a) discuss whether Kim is vicariously liable for Lee's actions

b) discuss whether Winston can bring an action in negligence.

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