CASE STUDY

Kola and Peter, work in the Tourist Hospitality Industry in Churchill. Kola, owns and drives a Limousine - which transports tourists from the Airport to the City. Peter was recently promoted to the position of General Manager of a chain of hotels.

Kola wanted to reward Peter with a gift- an 'all-expenses' paid dinner at the famous "Mom's Seafood Restaurant" in Apollo Bay, Victoria. Kola made the booking, and they drove from Churchill to Apollo Bay.

On arrival at the reception desk of the restaurant, they failed to notice a large sign that stated ... "Warning - As a result of our refrigerator breaking down two days ago, our Pomfrets have not been freshly frozen. We exclude all Liability whatsoever, for any injuries caused by our Pomfret meals."

Ruth, the owner and manager had not taken the Pomfrets off the menu because he thought he might suffer a huge financial loss. He was already in financial difficulties as a result of the recent lockdowns and interruptions, due to the pandemic.

Ruth, gave them a table - with a view - overlooking the bay. As he handed them the Menus, he made no comments about the Pomfrets not being properly refrigerated. Peter ordered the "Pomfret" and Kola ordered the "King Fish".

While eating their meals, Peter drank beer and Kola drank red wine. As Kola poured the last glass of wine from the bottle, he suddenly saw in his glass, a dead decomposed Worm. He felt quite nauseous and complained of stomach pain.

Likewise, after eating the Pomfret, Peter also felt sick in his stomach, and was violently ill.

As they were leaving in a hurry to get to the local hospital, Ruth demanded they pay for their meals and beverages. Kola paid under protest. Ruth, the restaurant owner blamed the Manufacturer of the Red Wine "Ozzy Wines" for the Worm in the bottle.

Kola and Peter both ended up having medical treatment for gastroenteritis, and skin rashes

caused by the Pomfret and the wine.

Kola suffered the following losses -

a. Loss of Profits ($8,000);

b. Medical Expenses ($4000);

c. Loss of an 'Indian Government Contract' for the Sale of 2 tons of Australian Sheep Skins. Kola had no previous exporting experience, but accepted the unusual Contract because his Limousine Business was not going too well due to the Pandemic. As a result of the food poisoning and medical treatment Kola was unable to deliver, and therefore lost the Government Contract.)

Peter's injuries resulted in the following losses-

a. Medical Costs ($5,000)'

b. Loss of Earnings ($30,000)';

c. Loss of his "Hotel Accommodation Deposit' ($5,000). (Peter had paid the Deposit on his holiday Accommodation, at the Mayfair Hotel, in Darwin. As a result of the gastro and medical treatment, he had to cancel his holiday. The Hotel Accommodation Deposit was non-refundable.)

..........................................................................................................................................................................................................................Questions

Ensure to 'Number' and 'Answer' each Question separately.

1. Identify and discuss the 3 Elements of Negligence that Peter (as Plaintiff) must prove. Discuss the 2 Defences that Ruth (as the Defendant) may argue. (14 marks)

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2. Explain and discuss whether Peter is likely to recover damages for his losses- 'Medical Costs', 'Loss of Earnings', and 'Loss of Hotel Accommodation Deposit'. Give your reasons with supporting case law precedents. (4 marks)

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3. Identify and explain the 3 Elements of Negligence that Kola (as the Plaintiff) must prove. Discuss the 2 Defences that Ruth (as the Defendant) may argue. (14 marks)

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4. Discuss and explain whether Kola is likely to be able to recover damages for his losses-Medical Costs, Loss of Profits, and 'Loss of the Indian Government Contract'. Give your reasons with supporting case law precedents. (4 marks)

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5. Please answer 'Yes' or 'No' - to these two Questions. No explanation is required.

A. Have you included - 'In-Text' Referencing? (Yes or No?) - 2 marks

B. Have you included - 'A Reference List? (Yes or No?) -2 marks (Total 4 marks)

REFERENCING REQUIREMENTS

Support your Answers with case - precedents, legal principles and legislation. You are required to use at least 'Six (6) References', and a 'Variety of References'