Pretisa has invited her friend Brighteye to lunch at the Poolside Restaurant Bar and Grill. Pretisa ordered lunch for herself and her friend and paid for it. Pretisa had stew peas and rice while Brighteye had fricassee chicken and rice and peas. They both had orange pineapple drinks along with their lunch. Half way through lunch, Brighteye felt an urge to throw up. The chicken seems to be spoiled but because she had head cold her sense of taste and smell were not fully functioning. Brighteye was hospitalized with food poisoning and Poolside Restaurant Bar and Grill was the only place that she ate that day.

Question

Advise Brighteye on the following: i. Whether she can sue Poolside in the law of contract or the law of tort (2 marks)