Question: Tort The weekend before the final time constrained assessment for Business Law, Hamfast invites Samwise and Fredegar to a calm your nerves barbecue. One of

Tort The weekend before the final time

Tort The weekend before the final time constrained assessment for Business Law, Hamfast invites Samwise and Fredegar to a "calm your nerves" barbecue. One of the dishes served at the barbecue is iced tomato soup. Samwise asks Hamfast if he could take some of the iced soup home for his flatmate Elanor who was not invited as she had passed Business Law in an earlier semester. Hamfast is quite happy for Samwise to do so. The main ingredient of the soup is tinned tomatoes which Hamfast purchased at the local supermarket. The tomatoes were locally grown and had been canned by Hobbiton Foods Ltd (HFL) at their local cannery. As a result of carelessness on the part of HFL, the tomatoes are contaminated with salmonella. As result of eating the soup, Samwise, Fredegar and Elanor contract food poisoning and are very ill for some two weeks. Samwise and Fredegar are unable to sit the final TCA in Business Law and, because they had not been very diligent with respect to their coursework, are unable to be awarded an aegrotat pass. Required: Advise the basis on which Samwise, Fredegar and Elanor could recover damages from HFL or Hamfast for the pain and suffering to which they have been subjected, and whether Samwise and Fredegar could recover the costs of re-enrolling in the Business Law course in the coming semester. Note: Since food poisoning is a disease, you may disregard the provisions of the Accident Compensation Act 2001 (ACC)

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