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Pinky has a strawberry farm in Wollongong. She employed 10 people for picking and packing fruits during harvest time in September 2021. She sells her
Pinky has a strawberry farm in Wollongong. She employed 10 people for picking and packing fruits during harvest time in September 2021. She sells her produce to Wollongong Fruits Shop. The produce have been packed into plastic containers and covered with plastic wrap. Helen bought a punnet of strawberries on 15 September 2021 from the Wollongong Fruits Shop, which purchased them from Pinky's farm. Helen was hungry and ate strawberries at lunch time on the same day and fell sick immediately after eating the fruits. She was admitted to hospital after three hours and doctors found that she had ingested fragments of glass. Later fragments of glass were found in the strawberry container. Your Task: Advise Helen if she can sue Pinky in negligence. In your advice, discuss the elements of tort of negligence, apply the elements to the facts provided and conclude whether Helen should sue Pinky in negligence. You must follow ILAC in your advice and give reasons for your answer referring to legislation and/or cases, as relevant to support your arguments
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