Question
Camilla bought vape kit from a pop-up store in the mall. The store sold a variety of products, all of which they made themselves from
Camilla bought vape kit from a pop-up store in the mall. The store sold a variety of products, all of which they made themselves from local sources. After using the vape kit for several months, Camilla experienced severe shortness of breath. One day, she was so dizzy that she called an ambulance to take her to the hospital. The emergency room that day was very busy, so Camilla was placed in a hallway where she waited for 48 hours. During the 48-hour wait, her condition worsened. When Camilla was finally treated, the medical care she received was appropriate. It was determined that her vape kit was contaminated, and this caused her breathing issues. She was given numerous prescriptions and was told to cut back her hours at the bakery where she worked, since the flour dust in the air could delay her recovery. Camilla didn't follow the instructions she was given about work. Since she needed the money, she returned to full-time hours at the bakery right away. She was shocked at the high cost of her prescriptions but filled them all and followed the instructions in taking them. Before all of this happened, Camilla had mild asthma. Now, Camilla has serious, permanent lung damage. Though she was never a runner, she dreamed of competing for Team Canada as an Olympic marathon runner and can't do this now. Camilla decided to sue the pop-up store and the medical staff. The evidence showed that a person without asthma would only have had moderate lung damage in this type of situation and that her lung condition also worsened because she returned to full-time work too early. Fully discuss ALL of the following:
1. negligence of both defendants to Camilla; (two marks for each element for each defendant, total 16 marks)
2. both defences to negligence, for both defendants; (three marks for each defence for each defendant, total six marks)
3. whether or not remoteness or thin skull apply here and why you say so (two marks for remoteness, two marks for thin skull, total four marks)
Finally, when Camilla's lawyer tries to sue the pop-up store, it was closed. The business owner was unemployed and living in a small apartment. Fully explain whether or not the pop-up store's landlord has any liability to Camilla and why do you say so? (two marks)
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