An enterprise law question:

Students MUST use the IRAC method (Issue, Rules, Application, Conclusion) to answer this problem scenario question. All answers MUST be supported with relevant statute or case law authority.

A young lady Bronwyn, who is also a Doctor, met up with a long lost cousin named Gordon through their joint research into their family tree. They agreed to meet in the Terrys Cemetery caf in Bega where their shared great-great-grandparents (Ross and Demelza) are buried.

Gordon sits at the table and is looking at photographs of their relatives whilst Bronwyn orders an English Breakfast for herself and a bottle of chocolate milk for Gordon.

The caf owner, Terry, brings the drinks to the table. Terry places the pot of tea and cup and saucer in front of Bronwyn. He puts a glass next to Gordon and pours the chocolate milk into the glass then places the bottle next to him. The chocolate milk was in a dark bottle labelled with the name of the manufacturer Poldark Milk.

After Gordon finishes the drink in the glass, he pours the remainder of the chocolate milk into his glass. In doing so, the remains of a partially decomposed slug pour out with the milk and is floating on the top of the glass. This causes Gordon to suffer several medical conditions requiring immediate hospitalisation.

a) Advise Poldark Milk on any action Gordon may have against them.

b) Would your answer be different if on discovering the slug Bronwyn immediately administers Gordon with medicine which stops him feeling any ill-effects therefore Gordon suffers no damage whatsoever?