In order to win theor cases what defences may be available?
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In order to win theor cases what defences may be available?
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Norm, a mild-mannered RMIT student, is driving hom from lecturers one evening and stops at the Georgia Chicken Bar for some food to take home. He buys a QUIK-PAK of chicken which he starts to eat as he drives along the South Eastern Freeway. One piece of chicken has a peculiar flavour so Norm turns on the car light and takes a quick glance only to see that he has been eating a crumbed fried mouse. He feels ill immediately ad loses control of the car which then crashes into a car in the next lane which was driven by Paul. Both Norm and Paul suffer injuries in the accident and are taken to hospital. Norm's mother, Edna, visits him that night in Casualty and is so distressed by his sad tale about the mouse that she subsequently develops a serious allergy to chicken and mousetraps.
Norm, Paul and Edna are all keen to sue someone. Advise each of them as well as the Georgia Chickn Bar, as to their respective rights and liablities; what they must prove in order to win their cases and what defences may be available.
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Princess Leia
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Norm = he is owed a duty by Georgia Chicken Bar that the food sold is fit for human consumption.
Paul = he is not owed a duty by Georgia Chicken Bar, but is owed a duty by Norm. If he sues Norm, Norm is likely to file a cross-complaint against Georgia Chicken Bar for indemnity and/or contribution.
Edna = not owed any duties. She wasn't present when the accident occurred and never saw the mouse. She can try to claim some type of negligent infliction of emotional distress, but without a duty, won't prevail.
Georgia Chicken Bar = will be sued by all, but should be able to prevail as to Paul and Edna since no duties are owed by either. Norm shouldn't be eating in the car so there is contributory negligence on his part.
See duties here (for food):
http://www.cousineaulaw.com/forum_series/forum_foodliability.htm
It might be helpful to find out what state/country this is for. I assume its for UK or Canada (by the way you spell "defenses" with a "c" instead of an "s." |
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