EXERCISE 0: Priscilla v Voracioux; Janet v Voracioux

Problem Question and Sample Answer

Facts of the problem:

Priscilla is a successful young social media influencer of the popular food tourism travel TikTok channel "EatingInTheStreets", where she travels and eat in restaurants not known to tourists. She regularly attracts 100,000 viewers in her livestreams, and her activities are sponsored by various food and travel businesses.

During one of her livestreams, she visits "Voracioux" - a popular Filipino restaurant in Melbourne. Priscilla asks the chef employed by Voracioux, Angela (who is a big fan of Priscilla), to surprise her and the viewers with the "meal to blow the minds of the viewers!". Angela responds that she will serve Priscilla their most popular dish called "pancit" - which is stir fried wheat noodles accompanied with assorted meat and vegetables.

Priscilla requests Angela to cook the pancit without any peanut ingredients because she suffers from peanut allergy that could be fatal. Angela, too excited to be serving food to her idol, forgets Priscilla's request and cooks the "pancit" using utensils that were previously used to make "kare-kare" - a beef stew made with peanut sauce.

Priscilla eats the pancit while livestreaming. A few minutes later, she complains of feeling dizzy and her lips tingling, followed by her viewers stating (in the chat room) that her face is starting to swell. Suddenly, she feels tightness around her throat and complains of having difficulty in breathing followed by her losing consciousness. Angela called the ambulance and Priscilla was soon sent to the hospital. All these transpired during the livestream watched by over a million viewers.

As a result of the allergic reaction, Priscilla spends three months in hospital to recover. Priscilla lost over $100,000 in sponsorships and subscriptions, as she was not able to livestream while recovering. The quality of her lifestyle and aspirations have also diminished. She now also suffers from severe emotional stress requiring medical treatment because a recording of the incident was widely shared over social media and has resulted in ridicule and mockery by online bullies or trolls.She is in therapy with Dr Smith, at $100 per session, twice a week. She is also planning to travel to France to spend some time recovering.

Priscilla's mother, Janet, suffers shock, anxiety, and depression (all recognised psychological disorders) after hearing of the unfortunate episode and seeing her daughter in hospital.

Sample questions about Negligence Law for Week 1b

Using an IRAC method, answer the following questions:

1. Does Voracioux owe Priscilla a duty of care?

RL 2 : The common law of neighbour principle test to decide whether a person owes a duty of care came from Donoghue V Stevenson.

2.Does Voracioux owe Janet a duty of care?

3.Assuming Voracioux owed Priscilla a duty of care, did it breach the duty of care?

4.Assuming Voracioux breached its duty of care, can Priscilla claim all her damages

(including issues of causation and remoteness?

5.Can Voracioux use any defences?