Question
Latifa works in a small bakery which sells 'gluten-free' bread, however she has noticed her employer [Bob] has started [in the past few days] buying
Latifa works in a small bakery which sells 'gluten-free' bread, however she has noticed her employer [Bob] has started [in the past few days] buying a cheaper flour mix from a new supplier. Although the new flour mix is labelled 'gluten free' Latifa suspects that it may contain some gluten, based on the ingredients listed on the packaging. Latifa has commented to Bob about her concerns, but Bob has told her it is gluten free and 'ok'.
Mirka buys bread from the bakery for her husband Tom [who is severely allergic to gluten] while Latifa is serving customers. Mirka has bought bread for Tom from the bakery many times in the past few years. Latifa answers 'yes' when Mirka asks if the bread is gluten-free [following Bob's instructions]. Later that day after eating the bread, Tom becomes very sick and misses two weeks of work, spending a few days in hospital.
Question:
Could Latifa and/or Bob be responsible for Tom falling ill?
Assume we live in a magical world without any consumer protection or
food safety laws. Consider only tort law concepts.
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