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Read the following case study and then answer all Questions (A,B,C) that follow. Justine goes to ALDI supermarket to buy food for a party to
Read the following case study and then answer all Questions (A,B,C) that follow.
- Justine goes to ALDI supermarket to buy food for a party to celebrate her impending graduation from Macleay College (Dip. Journalism)
- As she rushes around the store, she is also looking at some apps on her mobile phone.
- She does not notice that canola oil from a burst container has pooled on the aisle (CCTV footage later reveals that this spillage occurred about 30 minutes before Justine arrived in the store).
- Justine slips on the oil, falls backwards and fractures her skull.
- Justine is taken to hospital and recovers after several weeks of treatment, not to mention pain and suffering. She incurs medical and hospital expenses of $10,000.
- Due to her injuries, Justine's partner is forced to cancel a planned trip to New Caledonia which they were going to take together after Justine's graduation.
- Justine and her partner's airfares of $750 each and accommodation costs of $1,500 had been paid in advance; these cannot be refunded because they were a discount package offer.
Some months after the accident, Justine decides to sue ALDI for negligence to recover her losses and other costs incurred because of her accident in the store.
C Would the outcome of this case be any different i i. the accident occurred whilst Justine had been dancing in the store for a TikTok video? [ 2 marks] ii. a disgruntled ALDI employee had intentionally planned to injure customers by spilling the canola [3 marks] instead of slipping on canola oil, Justine had slipped on spilt dark soy sauce? [2 marks]Step by Step Solution
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