Dick had invited Emily out for dinner for their first date. He made a booking with a French restaurant - 'Fondant au Chocolate', which is famous on chocolate cake. They were getting along well, and after the main course, Dick asked if Emily would like dessert. He ordered a chocolate cake, the most famous dessert of the restaurant, for her, and chose coffee crepe for himself. The crepe is another famous French dessert made with flour and egg, and the coffee power is especially from French Coffee Ltd. Dick found the crepe had strange and bad smelling, but he still had eaten it. As Emily was eating a mouthful of cake, she choked and coughed and spat out a decomposed insect. The sight of the decomposed insect caused her to suffer nervous shock. The restaurant bill cost HK$800, which Dick reluctantly paid. Soon after, Dick took Emily home as she continued to feel ill. The contamination of the cake caused Emily to vomit and suffer gastroenteritis for several days. Dick also rushed to hospital because of food poisoning due to the chocolate crepe. Both Dick and Emily consider any remedy they may have against the restaurant.

Advise Dick and Emily as their legal rights in relation to the tort of negligence in this case.