Robert and his 7-year-old twins, Roberta and Robert Jnr, love to spend time together on weekends. They usually go to "Carrey's Cookies" where they eat chicken pie, and down it with "Carrey's Cola and Cookies" special. On 18 April 2020, the trio are at Carrey's. Halfway through the meal, this conversation ensues:

Robert: "Roberta, how many times do I have to tell you? Take that thing out of your mouth. It's dirty and you can easily swallow it...and you? What's the problem sonny? You're very quiet today."

Robert Jnr: "Daddy, I don't feel well...and this drink tastes...soooo bad..." *shakes bottle*

Roberta: "Mmmhhmmm! Look, what's that inside?!"

Robert grabs the drink from his son and pours it out, a small dismembered corpse drips onto the ground with the rest of the contents. 3

Roberta: "HAHAHAAHHAAHAAH!!!!!! You ate a frog! HAHAHAHA!!!!!"

Robert: "Are you okay Bobby? Open your mouth, let me see...Robbie be quiet!"

Roberta: "HAHAHAAHA!!!!...FROG BOY!!! HAHAHAHA!!!"

Robert Jnr: "DAAAADDDDYYYY!" *crying tearfully*

Robert: "Can everyone just be calm, just be quiet...PLEASE?!"

Roberta: HAHAHA-hrrrk..hahaha...hrrr...Daddy...bleehh...Da...hrrkk.*GASP.*tugging at Robert's shirt

Robert: What?...I'm busy here, can't you seejQuery22405365750299827368_1588077303496 What, Robbie?! WHAT?!

Robert finally turns and sees that Roberta is choking. She is rushed to Farlen's Teaching Hospital (FTH) for emergency medical attention.

At the hospital, Robert Jnr's condition has worsened and he is admitted for observation. With regards to Roberta, an x ray reveals that a bottle top has lodged at the top of her oesophagus. As the child is clearly in distress, Dr Suwi, who attends to the child, takes her to theatre and decides to perform an esophagoscopy (a tube with a light and the tube is pushed inside to locate the foreign body and then to hook it out through the mouth or push it down towards the stomach). The procedure is not successful, in fact, the bottle top is pushed further down and this causes massive arterial bleeding which necessitates a blood transfusion.

The bottle top is eventually removed on 26 April 2020 by Dr Davey who conducts a thoracotomy (operation which involves the opening of the chest wall and the oesophagus). Unfortunately, Roberta dies two days later from heavy bleeding, with her father at her bedside.

Dr Davey: "Whilst it is not entirely clear what caused the bleeding, the medical report suggests that the oesophagus had been perforated either by the Carrey Cola cap or by the first procedure."

Robert: "Huh?"

Dr Davey: "Our understanding of this evidence is that even if the esophagoscopy procedure had not been attempted, the nature of the foreign body that had been swallowed by the child could have perforated the oesophagus."

Robert: "Nonsense! First of all, don't refer to my daughter as "the child". She has a name. She has a personality. She has a twin. She is not a piece of cardboard. Secondly, this is all your fault and you just don't know how to do your jobs properly!"

Distraught, Robert is unable to deliver the terrible news to his wife, Seda. Dr Davey asks Nurse Joan to deliver the news of "the other twin". Nurse Joan calls and tells Seda that the twins had died. Seda is so shocked at the news of losing both her children that she collapses and bangs her head thereby resulting in severe head injury. 4

Later that week, Robert Jnr's lab tests reveal that he ingested a combination of toadstool (poisonous mushroom) and some kind of frog toxin. He is in hospital for weeks for special treatment.

II. Advise Robert and Seda on the prospects, if any, of a claim against Carrey's Cookies. [15 ]

IIII. Advise Robert and Seda on the prospects, if any, of a claim against FTH. [ [15

IIIIII. Advise Seda on a possible claim she can make for her injuries, if any, and the likelihood of success. [15]

IIV. What is the most identifiable difference between the law of contract and the law of torts? [5]