Question: QUESTION 4 [20 Marks Priya and David order coffee at Rohans caf. As she finishes her coffee, Priya nearly swallows a small insect that was

QUESTION 4 [20 Marks Priya and David order coffee

QUESTION 4 [20 Marks Priya and David order coffee at Rohans caf. As she finishes her coffee, Priya nearly swallows a small insect that was at the bottom of her cup. Priya becomes very distressed by the incident. David tells Rohan what has happened and Rohan says, It's only a bug there are a lot of them flying around at this time of year. Sometimes bugs get into cups of coffee, ask any caf owner.' When Priya attends work the next day her distress continues. She phones David and says I can't get that horrible insect out of my mind.' In the following weeks Priya continues to struggle at work and stops socialising with her friends. She has frequent flashbacks to the incident at Rohan's caf. At David's suggestion she visits a doctor who diagnoses her with Post Traumatic Stress Disorder (PTSD) caused by the shock of discovering an insect in her coffee when at the cafe. Priya consults you (a lawyer) about suing Rohan and discloses that prior to the incident at the caf she had experienced flashbacks relating to a previous car accident and another doctor had told her that she might be suffering from PTSD. Advise Priya, using the information above, as to whether she could bring a successful claim against Rohan in the Tort of Negligence. In answering the question explain what each of the elements of negligence are and how they would be applied. What defences, if any, are available to Rohan in the event of Priya bringing an action against him for negligence

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