[1] Burger Heaven (BH) operates a large chain of restaurants specializing in burgers and fries.

[2] In response to customer demand, BH added coffee to its menu.

[3] The policy of BH was to ensure that the temperature of the coffee was to be set at the industry standard of 140 and the style of containers and lids were part of BH operating standards to be followed by all restaurant operators and staff.

[4] BH Restaurants provides both counter and drive-through service.

[5] Sandra, the driver of the vehicle, bought coffee at the drive-through for herself and her husband, Morley.

[6] Sandra passed both cups of coffee to Morley. Passenger Morley placed the coffee cups between her lap in preparation to opening the lids.

[7] Upon exiting BH parking lot, the car passed over a speed bump on the adjacent property and the coffee spilled in Morley's lap, burning him severely.

[8] It was later determined that the BH manager inadvertently set the coffee temperature from the particular location to 190, much hotter than that prescribed by BH policy.

[9] Morley is now commencing legal action against Burger Heaven.

Answer all of the following questions.

1.Who is the plaintiff and who is the defendant (1 mark)

2.What is the likely cause of causes of action put forward by the plaintiff (2 marks)

3.What is the primary source of law relevant to this case ie case law or statute (1 mark)

4.What legal argument would you submit on behalf of the plaintiff? use elements of appropriate legal tests. (6 marks)

5.What is the legal defense or defenses you would submit on behalf of the defendant (6 marks)