Business Law: Guildford Consumer Business and Advice Services (Coursework Sample)

Guildford Consumer Business and Advice Services
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Casework 01
The issue identified in this case is to suggest the legal position that Robert and Isabella have against Winona and Katja and the possible liability they might incur due to the sale of contaminated or toxic products.
Cases of food poisoning are common in the United Kingdom (Association, 2019). Food poisoning is caused mainly by viruses or bacteria such as E. Coli and Hepatitis. First, it’s important to mention that according to Consumer Protection Act 1987 Sections 2, Winona and Katja (being consumers) have the right to sue the street shop, Simple Health Products of Guildford, for damage caused by negligence. In this case, ‘Simple Health Products of Guildford is strictly liable for providing their customers with a defective food product that caused illness and suffering. Under the consumer protection Act, it can be argued that Robert and Isabella, the owners of Simple Health Products of Guildford, failed to exercise reasonable care in manufacturing their organic skin products.
However, the plaintiff (Winona and Katja) must demonstrate that there was negligence by proofing that Simple Health Products of Guildford did not exercise reasonable care and failed to provide safe organic skin products. Both Winona and Katja must prove causation – they must prove that the products of Simple Health Products of Guildford caused the illness and not any other food. Based on the doctors’ toxicology report, there were traces of food bacteria in the bottles of ‘Body Supplements for Arthritic Conditions’ Winona and Katja bought from the street shop. Accordingly, Winona and Katja will have to answer to charges of strict product liability for selling contaminated products (Freeman et al., 2022).
Note that Robert and Isabella have operated their street shop for 12 months, and there have been no food contamination cases. Further, Simple Health Products of Guildford can also argue that they operate a fully-licensed business and that their products do not pose any danger to the health of their consumers. In their defense, Robert and Isabella should let the court know that they also use the services of Mia, who produces additional materials and nutrients for all the finished products. There is a possibility that negligence came from Mia’s side. And according to consumer protection act section 2f, the defect can be attributed to Mia, and the additional materials she supplied were not in compliance with the health requirements of Simple Health Products of Guildford.
Further, Robert and Isabella can also request to settle the matter outside the court and commit to cater for