Question 3 (10 marks)

Ireh is in the final year of his Bachelor of Commerce degree. He orders fried rice from Yummy Asian the night before his Law for Commerce exam. The fried rice contains rotten onions, which were carelessly put in the fried rice by Bung, one of Yummy Asian's chefs. The next day, Ireh suffers food poisoning, but attempts the Law for Commerce exam anyway. He fails the exam and has to repeat the course over summer.

Is Yummy Asian vicariously liable for Bung's carelessness? Why/why not? Additionally, can Ireh recover the cost of the summer course from Yummy Asian by suing Yummy Asian in the tort of negligence? Why/Why not?

(In your answer FOCUS on Causation and Remoteness only. DO NOT discuss any other elements of the Law of Negligence.)

Country of jurisdiction: Australia

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