SECTION B: SCENARIO BASED QUESTIONS. $(14$ Marks$)$

Use the IRAC method to answer the following question. Refer to the guide given on how to use the IRAC method to answer a scenario$-$based question.

Loco Cantina is a newly opened Mexican Restaurant in Bangsar famed for its authentic Mexican dishes. As part of their opening promotion, they held a contest for their customers offering cash and free meal coupons as prizes. One of the contests is to see who can eat and finish their spiciest casseroles and stuffed chilies in one sitting without drinking anything before they finish the meal.

Several customers have tried their luck, but none had succeeded. That is$,$ until one customer, David Chung tried his luck. In one sitting, he managed to eat not one, but two bowls of Loco Cantina$$s spiciest mole to win the cash price of RM$500$ and one$-$month free meal at the restaurant. However, upon returning home David began to experience a burning sensation in his throat and stomach followed by bouts of vomiting and diarrhea. He was rushed to the emergency department and had to be hospitalized for three days.

Upon discharge, David wishes to sue the restaurant. He claimed that the restaurant was negligent in not controlling the amount of hot chilies they put into the dishes until it harms the customer and also by not providing advice on the maximum number of bowls that could be safely eaten. Based on what you have learned in law of negligence:

Discuss whether David would be successful in his claim. $(9$ Marks$)$

Can the restaurant rely on any defense to protect them against the claim? Explain. $(5$ Marks$)$