Tom was returning from an interstate trip when he stopped to fill his prime mover with diesel before heading to his depot to deliver his load. As he had been driving overnight with few breaks, he also decided to buy a meat pie for breakfast from the heated display oven in the store of the service station. Unknown to him, the display had been unplugged for a few hours overnight whilst Branko's overnight staff used the power outlet to operate their cleaning equipment. This caused the pies to completely cool down before being reheated when the power was reconnected. As a result, the pies became contaminated with listeria. Tom thought the pie tasted a little off when he first bit into it but gave it no further consideration.

Tom suffered severe food poisoning through eating the pie. He was unable to work for a week and missed out on a valuable haulage contract as a result.

Q2. Represent Branko & Fuel Services P/L defending action in negligenceby Tom