QUESTION TWO (10 MARKS)

Read the case summary below and answer the following questions:

Ward v Tesco Stores Ltd [1976] 1 WLR 810, is an English tort law case concerning the doctrine of res ipsa loquitur. The plaintiff (Ms. Ward) slipped on some pink yoghurt in a Tesco store in Smithdown Road, Liverpool. It was not clear whether or not Tesco staff were to blame for the spillage. It could have been another customer, or the wind, or anything else. Spillages happened roughly 10 times a week and staff had standing orders to clean anything up straight away. A member of the staff helped to pick the plaintiff up. The manager was called. The plaintiff was taken to his office. She was dealt with there in a kindly and considerate way. The defendants offered to, and did, arrange for such of her clothes as had been soiled by the fall to be cleaned. That was all the plaintiff was able to prove, save for one additional fact. About three weeks later when she was shopping in the same store, she noticed that some orange squash had been spilt on the floor. She kept an eye on the spillage for about a quarter of an hour. During that time nobody came to clear it up. Ms. Ward sued Tesco for negligence in terms of breaching their duty to provide a safe environment for the customers.

Source: www.revolvy.com

Question:

1. Based on the FOUR (4) elements of unintentional tort and the doctrine of res ipsa loquitur, discuss whether the Tesco Stores Ltd has committed an unintentional tort or not.