File 2021:MM1717

Facts: Brook and Ash operate a small fruit and vegetable shop. They recently decided to expand their product line by offering freshly prepared fruit salad. One busy morning Brook accidently used unclean utensils to prepare the product. Sadly twelve customers have become ill - all of whom purchased and ate the fruit salad that day. Brook and Ash have received a letter from a solicitor representing one of the customers, Hyacinth. The letter states that Hyacinth intends to file a Claim against Brook and Ash for negligence claiming medical expenses, pain and suffering and loss of income.

For this matter, set out answers to the following:

a) List the relevant areas of tort law and provide an explanation of the nature and meaning of each area.

b) Provide a definition of the key tort law principle and current key elements of that law (Remember to cite any relevant legislation and/or case law).

c) Assess the facts and apply the relevant law to provide a conclusion regarding liability in tort. d) Identify potential remedies that may be available. e) Explain where the burden will lie in proving/disproving the liability. f) Identify the methods used to determine the relevant law.

f) Identify the methods used to determine the relevant law