Advise the parties of their rights and liabilities in tort

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Reference no: EM132290187 , Length: word count:1500

Tort Law Assignment Question -

Raw Vegan Delights (RVD) is a popular and busy fast food restaurant in Farmidale NSW. RVD specialises in creating affordable and delicious vegan treats. One of their most popular products is their Raw Carrot and Coconut Slice.

When Terri walks into RVD's premises on a busy Saturday afternoon she slipped and fell. Terri is 75 years old and she was recently diagnosed with osteoporosis. She suffered a severe and permanent injury to her right hip as a result of the fall. It is unlikely her injury would have been as severe if she did not have osteoporosis.

Upon inspection it is contentious whether or not Terri slipped on a piece of Raw Carrot and Coconut Slice. The other possibility is that she tripped and fell on a hot chip which was dropped by another customer. Hot chips were available for purchase at a neighbouring store.

RVD have only been operating out of these premises for a short time. Jess and Pete, who are the owners of RVD, recently made the transition to a permanent shop front after hosting a successful stall at the local farmer's market. Jess and Pete were in the process of finalising a safety and work flow manual which set out processes such as the frequency of cleaning inspections. In the draft manual it is recommended the floor of the premises be inspected and swept every two hours. RVD is particularly busy on the weekend. On the day of Terri's fall it is probable that the floor had not been inspected nor cleaned since 10am on Saturday morning. The incident happened at 2.30pm.

All incidents took place in NSW in 2019.

Please advise the parties of their rights and liabilities in tort. Please assume a duty of care is owed in this case under occupiers' liability principles.

Attachment:- Assignment Files.rar

Reference no: EM132290187

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