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Introduction to Legal Studies - Question 1

Brief Facts

Mrs Anderson and a friend went to Armidale, a café. The friend ordered a gingerbread latte for both of them. After consumption, Mrs Andrews saw that a dead cockroach was lying at the bottom of the glass of her latte. She sued the owner of the café for causing her to suffer from gastroenteritis and nervous shock.

Issue

Is the owner of the café liable?

Rule

• Tort of negligence
• Precedents

Application

For the tort of negligence to be proved, three major elements are there to be proved. First, the defendant had a duty of standard of care against the plaintiff. Second, the defendant beached the same duty meaning he bungled in performing the said duty. Third, there exists a direct link between the breach of duty of the defendant with the loss or injury suffered by the plaintiff. The term ‘negligenc....