Casey has a business manufacturing ginger beer in glass bottles. Due to the method Casey uses to
Question:
Casey has a business manufacturing ginger beer in glass bottles. Due to the method Casey uses to make the ginger beer it is very important that the ginger beer is refrigerated. If this is not done the glass bottles are likely to explode due to the yeast in the ginger beer continuing to ferment. For this reason, Casey uses a refrigerated truck to deliver ginger beer. The ginger beer bottle labels also state that the bottles must be refrigerated.
Casey has recently sold some cases of ginger beer to Richie who owns a café five hour’s drive away. Unfortunately, on the day she delivers the ginger beer her refrigerated truck is broken so she just delivers the bottles to Richie in an ordinary van. Richie does not refrigerate the bottles when they are delivered and overnight some of the bottles explode.
Richie considers that Casey has been negligent and would like compensation for the cost of the window repair
Required:
Write a few sentences in which you explain and apply the relevant law to the facts on each of the following issues.
•Did Casey owe Richie a duty of care?
•If there was a duty of care, did Casey breach it?
•Can Richie be compensated for the cost of the window repair? (i.e. is the damage to the window, a harm to Richie caused by Casey’s breach which is not too remote)
Horngrens Accounting
ISBN: 978-0133855371
10th Canadian edition Volume 1
Authors: Tracie L. Miller-Nobles, Brenda L. Mattison, Ella Mae Matsumura, Carol A. Meissner, Jo-Ann L. Johnston, Peter R. Norwood