James Marriott goes into his favourite caf with his friend, Fred Jacob, Fred orders and pays for James' meal which consists of a spinach and cheese pizza topped with olives; a green saladand a carton of

orange juice (unopened).James starts to eat his meal and also begins to drink his orange juice.Having drank half of his juice he then discovers the remains of a rather large worm.He suffers gastroenteritis

(chronic stomach ache), and nervous shock.

(a)Identifythe appropriate action that James should take.You need toevaluateusing the correct legal principles, who the action should be brought against, and why.(4 marks)

(b)In addition, the relevant principle that needs to be established and the authority/case that will assist based on the doctrine of judicial precedence.(6 marks)

Ultimately you are deciding whether James will be successful in a civil action, which action and why.

Please ensure you present your work using paragraphs.