Business Law

At the end of an entirely pleasing lunch at a local restaurant called the Grape Shot, Andy asked his server, Ben, for a piece of cheesecake. He also asked Ben if the cheesecake contained any nuts. He told Ben that he had a severe nut allergy, and that he had suffered extreme reactions on previous occasions when he consumed nuts. Ben assured Andy that the cheesecake was nut-free. Ben believed this to be true. Unfortunately, he was wrong. The cheesecake contained several grains of ground nuts. After a single bite of the cheesecake, Andy knew he was in trouble, He called 911 on his cellphone. An ambulance arrived at the restaurant Andy was placed on a gumey and the paramedics raced him to the hospital, where he received several doses of epinephrine to deal with his shortness of breath, elevated heart rate, loss of consciousness, and extreme anxiety Andy subsequently sued Ben, and also the Grape Shot, in respect of the incident 1. What is/are the legal issue(s) in this case (2 marks) 2. What is the legal test(s) that apply to this case? (1 mark) 3. Create an argument for the plaintiff. (1 mark) 4 Create an argument for the defendant (1 mark)