Andre, a bank manager, had invited Betty out for dinner for their first date. He made a booking with an award-winning and very expensive Italian restaurant - Carlo Restaurant. They were getting along well, the food was great, they shared a particularly good vintage of South African wine, and after the main course, Andre asked if Betty would like dessert. He was thrilled that she said yes as he likes a woman who will eat on a date.

He ordered a cake and coffee for her and chose chocolate ice cream for himself. As Betty was eating a mouthful of cake, she spluttered and coughed and spat out a decomposed insect. The sight of the decomposed insect caused her to suffer nervous shock and she collapsed. The restaurant bill cost RM350, which Andre reluctantly paid in order to avoid any further embarrassment.

Soon after, Andre took Betty home as she continued to feel ill. The contamination of the cake caused Betty to suffer gastroenteritis for several days. Although Betty and Andre were mortified at the turn of events, but they decided to be practical and consider any remedy they may have against the restaurant.

Advise Andre and Betty whether they have a valid legal claim in suing Carlo Restaurant and whether there are any defences available to Carlo Restaurant by referring to relevant cases.