Problem1. Mr. X was working in the vegetable field of his employer until lunchtime. He then moved to a nearby stone on which he sat but as soon as he tried to reach his lunch box, the stone gave way and he fell behind, in a well the existence of which he was completely unaware of. He passed out in the well and was discovered several hours later by the watchman. Mr X had not been warned of any danger at the site. The site had various dry leaves which concealed the hole but was neither covered nor demarcated to warn persons of its presence or to prevent them from falling into. Upon learning about the incident the argument advanced by the employer was that the well was found near the field but not in his field.

Advice the parties in the above scenario paying special attention to the duties and responsibilities of the employer and the employee as set out by law.