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Please prepare an oral presentation explaining the issues below. Advise Best Biscuits & More Limited (Best Biscuits): 1. Whether Alisha may have a claim against

Please prepare an oral presentation explaining the issues below. Advise Best Biscuits & More Limited (Best Biscuits):

1. Whether Alisha may have a claim against them in the tort of negligence.

2. Whether Sunan may have a claim for his personal injury under the Occupiers Liability Act 1957.

3. Whether Dan may have a claim against them in private nuisance.

Below is the case study:

Extract from a witness statement by the manager of Best Biscuits & More Limited. I am the manager of Best Biscuits & More Limited (Best Biscuits). We make and package biscuits at our factory. Several unfortunate incidents have recently occurred at work. The first incident occurred 2 months ago and involved a serious injury to one of our employees, Alisha. Alisha is a university student who works for us part-time. She works on the production line. The machine she was working on broke down and a piece of metal flew from the conveyor belt and hit Alisha in her left eye. Looking at the maintenance and service records it would appear that this particular machine has not been serviced for the last 2 years. Had it been serviced then this incident would have been avoided. Alisha was not wearing safety goggles as due to a shortage of supply there were none available. She would not have been injured had she been wearing them. However, Alisha refused to attend the hospital to have her eye treated. She treated it herself at home. Because of this, the eye became infected and she is now blind in her left eye. Medical evidence confirms that if Alisha had attended the hospital, she would still have sight in her left eye. The second incident concerned a visitor to the factory. Sunan was a potentially new investor, but when he came to visit the factory he tripped over on a small area of defective flooring and broke his arm. The third incident related to our neighbours. Khloe lives close to the factory with her son Dan. The factory operates 24 hours a day, 5 days a week. Khloe complains that the noise of the factory machinery means she cannot sit out in her garden and it disturbs their sleep. Our machinery is rather old and so it is noisier than modern machinery, but no one else in the neighbourhood has complained.

Extract from a witness statement by Khloe. I live close to Best Biscuits with my 12-year-old son, Dan. I am the sole owner of my house. I want to complain about the noise from the factory which operates 24 hours a day, 5 days a week. It is so noisy, I cannot sit out in the garden and I cannot sleep properly at night. The noise also disturbs Dans sleep. I was so annoyed that last week I visited the factory and had an argument with the receptionist. I actually slapped his face in anger.

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