BADM*1010 Lecture Notes - Lecture 3: Fiduciary, Res Ipsa Loquitur, Vicarious Liability
Document Summary
To see if someone can recover damages of negligence. Suppose, you have some teenagers over, they had drinks, the parents gave drinks to these kids. The kid goes out and gets into an accident, smashed into another car and the driver gets brain damage. There were 2 ladies, they had a lot to gossip about. They decided to go one afternoon to the caf . One lady says to another please order me a ginger beer. They lady comes back they sit down and eat, gossip, a(cid:374)d dri(cid:374)k. the lad(cid:455) does(cid:374)(cid:859)t feel (cid:449)ell. She fi(cid:374)ds a decomposed snail in her ginger beer. She became violently ill. she had to figure out who to sue. She did(cid:374)(cid:859)t e(cid:374)ter a(cid:374)(cid:455) (cid:272)o(cid:374)tra(cid:272)t. the (cid:272)o(cid:374)tra(cid:272)t (cid:449)as e(cid:374)tered i(cid:374)to (cid:271)(cid:455) the lad(cid:455)(cid:859)s frie(cid:374)d. the la(cid:449) i(cid:374)di(cid:272)ated there was no liability on the owner of the caf because there was no contract made.
