Question 1

Faith was waiting by the lunch counter at the canteen of her college to be served her lunch. One of the canteen staff carelessly dropped a pot of oil in which she was frying chicken and there was a splash of hot oil. Faith jumped back but not fast enough and was severely burned. The canteen is operated by Denny's Wassi Restaurant which employed the canteen staff.

A. Explain to Faith the following:

i. The tort and its elements that Faith must prove to win the case against the canteen. (4 marks)

ii. The MOST APPROPRIATE court in which she should file the matter given the severity of the burn for which she was hospitalised for two (2) months and away from her job as a senior supervisor at the local bank. (1 mark)

iii. Whether she MAY include Denny's Wassi Restaurant in the lawsuit and the basis on which she may do so. (6 marks) B. Explain ONE (1) implied condition that exists under the Sale of Goods Act how it could be applied to Denny's Wassi Restaurant. Use decided cases to also respond to the question. (6 marks)

C. Discuss briefly, ONE (1) way by which an agency relationship may come into existence for the business in the scenario above. (3 marks)