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Workshop Sem 2
Module: Law of Tort (LAW209)
523 Documents
Students shared 523 documents in this course
University: University of Liverpool
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Mel, the owner and manager of the 'Cheap & Cheerful Café,' has been
threatened with legal action in connection with the following incidents. Louis, a
customer, suffered burns when a defect in the cafe's gas-fired oven caused an
explosion at the same moment that he happened to be walking past the kitchen
to go to his seat. An engineer had been out to check the oven the week before
the explosion and had not reported any problems. He had been engaged by the
owners of the cafe after they received one of his flyers offering 'cut price gas
safety checks' by a 'newly qualified and enthusiastic' engineer. Mel and some of
the café staff had noticed smelling gas intermittently after the engineer's visit.
Simon, aged 8, suffered a severe head injury after jumping from a low wall in the
cafe's car park. He lived in a housing estate nearby and had often been seen
playing in the car park, although he had been asked to leave at least twice by
Mel. A letter from Simon's solicitor alleges that Mel is liable for Simon's injuries
as she ought to have put up a sign warning people of the hazards of playing in
the car park.
Cheryl, another customer, suffered severe food poisoning requiring
hospitalisation after eating a 'Special Sunday Grill' at the cafe. It has been
discovered that the cafe's chef had repeatedly breached basic food hygiene
standards. There is a notice at the entrance to the cafe stating that
'The owners accept no responsibility for any personal injury suffered on the
premises, howsoever caused. Car park for patrons only.' Shortly after these
events, Cheryl's husband, Tony, visits the café. He points at Mel, who is stood
behind the counter, and states: "If it wasn't for the fact that I am currently on
probation, I would come over there and hurt you"
Advise the parties on their potential liabilities in tort.
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