Jim, Kit and Erik are out and about having fun in Melbourne. They stop by a caf and Jim goes to

the counter to buy some drinks. He finds some fancy bottles of soft drink he hasn't seen before.

He buys three. The friends are having a lively conversation as they drink their drinks. All of a

sudden Kit starts coughing and spluttering. He then goes purple in the face. He is clearly choking.

Erik, a trainee nurse, grabs Kit around the middle and pushes his clenched fist just under Kit's

chest. Kit coughs up a small plastic ball. This was part of the bottle top and has come loose. Kit

starts crying and is comforted by Jim. Kit is very distressed as he realises what might have

happened if Erik had not been there and had not had the necessary training. Kit has since been

diagnosed with clinical depression and has not been yet been able to resume his University

studies.

Required: Does Kit have an arguable case in tort law? Who would he sue? On what

ground? .