DO NOT USE CHAT GPT OR ANY AI TO DO THIS ASSIGNMENT, PLEASE!!!!!!!

Task Requirements: The 'Case Scenario' relates to the Law of Negligence.

CASE STUDY

Sam and Kitu, work in the Tourist Hospitality Industry in Lara. Sam, owns and drives a Limousine - which transports tourists from the Airport to the City. Kitu was recently promoted to the position of General Manager of a chain of hotels. Sam wanted to reward Kitu with a gift- an 'all-expenses' paid dinner at the famous "Abram's Seafood Restaurant" in Port Fairy, Victoria. Sam made the booking, and they drove from Lara to Port Fairy.

On arrival at the reception desk of the restaurant, they failed to notice a large Sign that stated ... "Warning - As a result of our refrigerator breaking down two days ago, our Yabbies have not been freshly frozen. We exclude all Liability whatsoever, for any injuries caused by our Yabbies meals."

Abram, the owner and manager had not taken the Yabbies off the menu because he thought he might suffer a huge financial loss. He was already in financial difficulties as a result of the recent lockdowns and interruptions, due to the pandemic. Abram, gave them a table - with a view - overlooking the bay. As he handed them the Menus, he made no comments about the Yabbies not being properly refrigerated. Kitu ordered the "Yabbies" and Sam ordered the "Fish". While eating their meals, Kitu drank beer and Sam drank red wine. As Sam poured the last glass of wine from the bottle, he suddenly saw in his glass, a dead decomposed Worm. He felt quite nauseous and complained of stomach pain.

Likewise, after eating the Yabbies, Kitu also felt sick in his stomach, and was violently ill. As they were leaving in a hurry to get to the local hospital, Abram demanded they pay for their meals and beverages. Sam paid under protest. Abram, the restaurant owner blamed the Manufacturer of the Red Wine "Aus Wines" for the Worm in the bottle. Sam and Kitu both ended up having medical treatment for gastroenteritis, and skin rashes caused by the Yabbies and wine.

Sam suffered the following losses -

a. Loss of Profits ($9,000);

b. Medical Expenses ($5000);

c. Loss of an 'Swiss Government Contract' for the Sale of 2 tons of Australian Sheep Skins. Sam had no previous exporting experience, but accepted the unusual Contract because his Limousine Business was not going too well due to the Pandemic. As a result of the food poisoning and medical treatment Sam was unable to deliver, and therefore lost the Government Contract.)

Kitu's injuries resulted in the following losses-

a. Medical Costs ($4,000)'

b. Loss of Earnings ($20,000)';

c. Loss of his "Hotel Accommodation Deposit' ($4,000). (Kitu had paid the Deposit on his holiday Accommodation, at the Mayfair Hotel, in Darwin. As a result of the gastro and medical treatment, he had to cancel his holiday. The Hotel Accommodation Deposit was non-refundable

This Assignment has 5 questions. Do like the essay in 2000 words, please

Questions

1. Identify and discuss the 3 Elements of Negligence that Kitu (as Plaintiff) must prove. Discuss the 2 Defences that Abram (as the Defendant) may argue. (14 marks)

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2. Explain and discuss whether Kitu is likely to recover damages for his losses- 'Medical Costs', 'Loss of Earnings', and 'Loss of Hotel Accommodation Deposit'. Give your reasons with supporting case law precedents. (4 marks)

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3. Identify and explain the 3 Elements of Negligence that Sam (as the Plaintiff) must prove. Discuss the 2 Defences that Abram (as the Defendant) may argue. (14 marks)

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4. Discuss and explain whether Sam is likely to be able to recover damages for his losses-Medical Costs, Loss of Profits, and 'Loss of the Swiss Government Contract'. Give your reasons with supporting case law precedents. (4 marks)

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5. Please answer 'Yes' or 'No' - to these two Questions. No explanation is required.

A. Have you included - 'In-Text' Referencing? (Yes or No?) - 2 marks

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B. Have you included - 'A Reference List? (Yes or No?) -2 marks (Total 4 marks)

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REQUIREMENTS (ESSAY). The Essay should be in the following format:

Accurate spelling, grammar, punctuation, paragraph construction and proof-reading;

Effective use of headings;

Consistent and accurate acknowledgment of textbooks, legislation and case studies using APA reference style;

NOTE: DO NOT USE ANY CHAT GPT OR ANY AI TO DO THIS ASSIGNMENT PLEASE!!!