Question
Christina aged 21, lives in Carine and had received a free sample of bath salts in her letterbox from Feel Unique Beauty Products Ltd (Feel
Christina aged 21, lives in Carine and had received a free sample of bath salts in her letterbox from Feel Unique Beauty Products Ltd (Feel Unique).Christina put the sample on the kitchen table intending to throw it away as she was unsure whether to use them or not.However as she just came from a hard game of netball, and the packaging looked nice, after some indecision, she decided to take a bath and use the free sample of bath salts that smelled of roses her favourite flower and as she was not going out that evening decided to pamper herself.
After, reading and following the instructions on the packet, Christina lit a few rose scented candles for atmosphere and then dissolved half of the contents of the packet of bath salts in a spa-bath of warm water.Christina then immersed herself in the spa bath for 30 minutes.While in the spa-bath, listening to her favourite classical music and drinking a glass of Italian Rica Donna Champagne, Christina immediately noticed that her skin was becoming very red, itchy and tingling.When she emerged from the spa bath she noticed much to her distress and shock that her even her face, but more especially other parts of her body had become extremely red as well as blotchy.After Christina had dried herself very gently with a soft towel as her skin was very sensitive, she gently put on some aloe-vera body lotion all over her body to try to reduce "''the redness.Unfortunately, however, despite putting on the aloe-vera body lotion to minimise the redness and itching, much to her horror it continued and spread very quickly all over her body, including face, hands and feet.
As a result of using the free sample of bath salts, a terrible itch, and skin blotching and slight scaring developed which was very upsetting causing Christina severe stress and anxiety as she was forced housebound as it lasted for six months.Also, during this period of recovering from the extremely severe skin condition from using the free sample of a bath product, the bath salts, Christina's social life was adversely affected and she was also unable to play her favourite sport of netball with her friends.
In addition, as a result of the adverse skin condition from using the free sample of bath salts, while she was on sick leave for the first three months she was unable to, and failed to share in a significant lotto win through the office syndicate of which she was usually an active and contributing member.
Christina has sought legal advice from a lawyer and now wants to take legal action against Feel Unique Beauty Products Ltd.Christina wants to sue for damages for the adverse skin condition as a result of using the free sample of bath salts.Additionally, she is seeking compensation (damages) for the adverse impact on her social life as well as for not being able to share in the significant lotto win at her office due to her sick leave for 6 months, against Feel Unique Beauty Products Ltd.
In your analysis and interpretation of the given facts applying IRAC:
(a) Analyse and answer the legal issues in the question assuming that:-
(i) A normal person would have suffered minor discomfort for 2-3 days; and
(ii) This sample was from a batch due to inadequate mixing.
Advise Christina if she has any remedies against Feel Unique Beauty Products Ltd, either in Negligence or Contract?If so, what are those remedies?State and discuss them fully and in your answer state the legal rules, principles, cases and sections of the relevant legislation.
(b) Would your answer to (a) be any different, if contrary to the written instructions on the packet of the free bath salts, Christina had actually emptied all of the contents of the sample bath salts into her spa-bath?
Christina aged 21, lives in Carine and had received a free sample of bath salts in her letterbox from Feel Unique Beauty Products Ltd (Feel Unique).Christina put the sample on the kitchen table intending to throw it away as she was unsure whether to use them or not.However as she just came from a hard game of netball, and the packaging looked nice, after some indecision, she decided to take a bath and use the free sample of bath salts that smelled of roses her favourite flower and as she was not going out that evening decided to pamper herself.
After, reading and following the instructions on the packet, Christina lit a few rose scented candles for atmosphere and then dissolved half of the contents of the packet of bath salts in a spa-bath of warm water.Christina then immersed herself in the spa bath for 30 minutes.While in the spa-bath, listening to her favourite classical music and drinking a glass of Italian Rica Donna Champagne, Christina immediately noticed that her skin was becoming very red, itchy and tingling.When she emerged from the spa bath she noticed much to her distress and shock that her even her face, but more especially other parts of her body had become extremely red as well as blotchy.After Christina had dried herself very gently with a soft towel as her skin was very sensitive, she gently put on some aloe-vera body lotion all over her body to try to reduce "''the redness.Unfortunately, however, despite putting on the aloe-vera body lotion to minimise the redness and itching, much to her horror it continued and spread very quickly all over her body, including face, hands and feet.
As a result of using the free sample of bath salts, a terrible itch, and skin blotching and slight scaring developed which was very upsetting causing Christina severe stress and anxiety as she was forced housebound as it lasted for six months.Also, during this period of recovering from the extremely severe skin condition from using the free sample of a bath product, the bath salts, Christina's social life was adversely affected and she was also unable to play her favourite sport of netball with her friends.
In addition, as a result of the adverse skin condition from using the free sample of bath salts, while she was on sick leave for the first three months she was unable to, and failed to share in a significant lotto win through the office syndicate of which she was usually an active and contributing member.
Christina has sought legal advice from a lawyer and now wants to take legal action against Feel Unique Beauty Products Ltd.Christina wants to sue for damages for the adverse skin condition as a result of using the free sample of bath salts.Additionally, she is seeking compensation (damages) for the adverse impact on her social life as well as for not being able to share in the significant lotto win at her office due to her sick leave for 6 months, against Feel Unique Beauty Products Ltd.
In your analysis and interpretation of the given facts applying IRAC:
(a) Analyse and answer the legal issues in the question assuming that:-
(i) A normal person would have suffered minor discomfort for 2-3 days; and
(ii) This sample was from a batch due to inadequate mixing.
Advise Christina if she has any remedies against Feel Unique Beauty Products Ltd, either in Negligence or Contract?If so, what are those remedies?State and discuss them fully and in your answer state the legal rules, principles, cases and sections of the relevant legislation.
(b) Would your answer to (a) be any different, if contrary to the written instructions on the packet of the free bath salts, Christina had actually emptied all of the contents of the sample bath salts into her spa-bath? Apply Relevant Law to The Facts
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