Causing Harm

Mr Omyogi works for Ayurveda Organics as a specialist practitioner in Ayurvedic medicine. He has various Diplomas and Certificates as a Certified Practitioner of Ayurvedic medicine and these are on display for all clients to view. Jill rings the clinic of Ayurveda Organics and explains she would like to see a qualified Ayurvedic practitioner for her skin condition, which is a form of dermatitis. She is assured that Mr Omyogi is qualified and an appointment is made. At the appointment, Mr. Omyogi prescribes lemon oil. (Note that a small percentage of the population is highly sensitive to lemon oil.) Mr. Omyogi does not do any reaction tests first. Jill breaks out into an extreme allergic reaction meaning weeks in hospital to stabilise her condition and continues to have an ongoing worsened skin condition because of the application of lemon oil on Mr. Omyogi's advice.

On what legal basis could it be 'presumed' that Mr. Omyogi owed Jill a duty of care. Use case law to support your answer.

Applying the legal test based on legislation and use case law examples, to explain whether Mr Omyogi breached his duty of care to Jill