Full analysis of chef's mistake: The Law of Negligence (Case Study Sample)
The assignment required application of irac format in harvard paper. i was to analyze a case using this formatsource..
CASE ANALYSIS: THE LAW OF NEGLIGENCE
The defendant (Michael) was the owner of an Italian café where he also served as a chef. Two of his assistants were absent from work and he was forced to work in the kitchen. Michael received a special seafood order which involves preparing raw fish. The raw fish must be kept cold all the time to avoid food poisoning. The defendant made the first special order and served the customer but forgot to return the fish in the fridge. When he received another order later, he realized that he forgot to keep the raw fish cold. He, however, went ahead to prepare another order for the new client (Sophie) knowing that the fish has not been stored as required. The plaintiff developed severe food poisoning and was admitted to the hospital for two weeks. Her doctors established that the severe food poisoning was from the fish she consumed from Michael's café. Does the defendant owe the plaintiff the duty of care?
* According to the Lecture notes (n.d., slide 3), the plaintiff has a right to sue the defendant for legal consequences and remedies if the defendant's conduct causes harm injuries
* The defendant intentionally served poisoned food to the plaintiff which caused the plaintiff to be admitted to hospitals for two weeks.
* A person is liable even if he did not intend to cause it (UniSA, n.d., slide 8).
* The business owner owes customers the duty of care (UniSA, n.d., slide 9).
* The pla
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