Le Navet is a restaurant which uses local ingredients, including wild and foraged food from the nearby area. Harry is an employee of the restaurant and has been asked to join a 'fungus foray' in the countryside. Harry is a novice explorer but is confident in selecting the correct types of edible mushrooms. He picks several mushrooms from a woodland floor, and takes them back into the restaurant, placing them in the tub used for Le Navet's famous mushroom risotto.

Later that evening Jude and Jamal dine at Le Navet. Jamal orders the mushroom risotto. Horatio, the chef, does not check the mushrooms, but simply throws them into the dish to be served to Jamal. Later when Jamal returns home, he begins to feel very ill and develops a high fever. He calls an ambulance and is taken to hospital.

The hospital identifies the mushrooms as being poisonous. Jamal is administered some drugs and slowly begins to recover.

During the following night, Jamal is walking through the hospital in the dark. He is not paying attention to what he is doing and accidentally falls down a flight of stairs, breaking his arm.

Jamal has to have an operation to repair the break. Pins will be placed in his arm. Mr. Keane, the surgeon, neglects to inform Jamal that one of the pins will be placed close to a nerve and could cause nerve damage. Mr Keane understands this to be a small risk with this type of procedure. Jamal experiences nerve damage following the operation and loses some control over his hand. Jamal states afterwards that he may not have had the operation had he known the risk.

1. Explain whether Jamal has a claim in negligence against Le Navet for being poisoned. Assume that Le Navet is vicariously liable for the acts of its employees.

2. Explain whether the actions of Mr Keane caused loss to Jamal. Youdo notneed to discuss the duty of care and breach in examining this issue.