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Submitted by limin99 on April 6, 2007
Category: Philosophy
Words: 5175 | Pages: 21
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COURSE: OBLIGATIONS 2 (TORT LAW)
PART A (1): Matins UK are the producers of a health drink called “Carrot Calm” which is made essentially from carrots and milk. It is especially aimed as a supplement for women during pregnancy but has also become very popular with dieters. In the last year or so there have been a number of reports of food poisoning linked to the consumption of the drink. Scientific studies have shown that this is very likely due to the fact that the carrots used in the drinks are unpeeled. This aspect of the drinks production process is widely known, indeed, Matins made this fact part of their publicity. John, who is self employed, was forced to take a month from his work as a design consultant as a result of food poisoning and lost £5,000 in fees. Jan and Erica, who both took the drink during pregnancy claim that they suffered acute anxiety after publicity over the harmful effect of the unpeeled carrots. The drink has been in circulation for 6 years and convincing evidence linking the food poisoning with unpeeled carrots has emerged within the past 18 months.
PART A (2): “Imelda worked for one of the few remaining coal suppliers until she retired on grounds of ill health in March this year. She was, for the 15 years of her employment, involved in mainly manual work, loading coal into bags and trucks for delivery to the firm’s many business an private customers. Six months before she retired, Imelda discovered she had lung cancer. Her father and grandfather had been heavy smokers and had both died of lung cancer. Imelda was a ‘social smoker’. Imelda’s union representative advised her that several scientific studies had linked lung cancer to exposure to coal dust. Such studies suggested that employees could alleviate such risks by allowing employees 30 minutes of fresh air after every three-hour shift.”
Advise the various parties as to their rights and obligations in tort.
SEMINAR...
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