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Commercial Law - Hypothetical Situation
Hi, I'm currently majoring a double degree being commercial law/banking and finance. I'm only asking for suggestions and advice. The following hypothetical situation relates closely to Donoghue v Stevenson.
Lim, a mild mannered commercial law student, buys from FLG Chicken Bar Pty Ltd. On his way home he discovers an unusual taste in his chicken and is petrified to be seen eating a crumbed mouse. He feels ill immediately and crashes into Paul who is in the next lane. Both suffer injuries and are taken to hospital. This story is immediately broadcasted by news bureaus and people who ate the chicken feel ill immediately. FLG Chicken Bar Pty Ltd instead blames the mice incident on All Sorts of Chicken Parts Ltd, their supplier. As a consultant for Lim (plaintiff), can he state the fact that his discovery of the crumbed mouse led to his car accident? He is definitely liable for his food poisoning sickness. But is he liable for seeking renumeration from the injuries sustained in his car accident? |
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In my opinion Paul should sue Lim for driving while eating and obviously NOT paying close attention to what he is doing.
As Lim should be liable for Driving with undue care and attention, a CRIMINAL act. I don't believe that Lim has a case for damages due to the car accident from FLG as they cannot be held responsible on the location of Lim consuming the afore mentioned "tasty treat". |
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