Johnny has been training a new chef, Sam, in the kitchen of his restaurant. Johnny thinks Sam is almost ready to prepare food for customers. Johnny and Sam arrange for a small group of CDU students and their friends to come to the restaurant one evening, when the restaurant is ordinarily closed, to try Sam's food. Johnny explains to the guests that Sam is being left alone in the kitchen to prepare the meal by himself, without supervision. Sam prepares a delicious three- course meal for the guests, including a daring and innovative durian pie. Unfortunately, Sam does not peel the durian fruit before putting it in the pie, and the sharp thorns cause three of his guests moderate injury before everybody else realises that the durian pie should be avoided.

(a) Has Sam breached any legal duty of care?

(b) Did Sam owe a lower duty of care to the guests due to inexperience?

(c) Is Johnny vicariously liable for anything that occurred?

Answer rating: 100% (QA)

1 As a chef it is Sams duty to make sure that every food he serves were prepared with e... View the full answer