Xavier owns a bakery 'Le X Factor' in Queen Street, Brisbane. Prior to this, he used to work for a world-famous bakery 'Le Doughnut' based in Sydney. Le X Factor business has been growing from strength to strength. Xavier has had to work longer and longer hours in order to service his ever-increasing loyal customer base. Le X Factor's most sought-after item available for purchase is called 'Death by Donut' ("DD") a triple chocolate coated donut that he claims is only available from his bakery as it is his own original creation. All DDs are advertised to be free from nuts.

One day, Ruby a customer who happens to be allergic to nuts orders twelve DDs and happily takes several bites out of a donut whilst walking to work. She collapses as a result of a severe allergic reaction to nuts that were present in the donut she was eating. She was admitted to the hospital and nearly died as a result. Xavier in his tiredness had accidentally sprinkled nuts instead of chocolate coating to the donut that Ruby had eaten.

REQUIRED: Advise Ruby whether she has any possible remedies under the law of negligence. Refer to specific legal cases and/or statutory provisions to provide support for your answer.

[10 marks]

Le Doughnut has recently issued a letter to Xavier informing him that the recipe for DD that he claims is his original idea is actually owned by Le Doughnut. Xavierhad previously worked for Le Doughnut as its head baker and as such had access to confidential donut recipes that were not to be used without the consent of Le Doughnut. In the letter to Xavier, Le Doughnut has alleged that it had never consented to Xavier utilising its confidential donut recipes for his own purposes and as such he must immediately cease his business activities.

REQUIRED: Advise Xavier. Refer to the relevant laws regarding confidential information in your discussion.

[5 marks]

Answers it with Australian Law