1) Linda and her 12-year-old daughter Molly had moved to Glasgow, UK in August 2020. Since mother and daughter both loved eating out, they explored the many restaurants and eateries that the city had to offer. On Sunday, October 4th, they ate at Nico’s, having heard about the “world’s best hamburgers” being served at there. Nico’s was known to serve hamburgers custom cooked to varying degrees of doneness – medium rare to well done – based on the customer’s request. On busy weekend evenings, Nico’s usually serves around 50-60 hamburgers every hour. On that Saturday, Linda and Molly ordered medium rare hamburgers and fries, enjoying their experience. Molly found the meat in her hamburger to be rare, at best, but she did not complain and ate the burger anyway.On Monday, October 5th, Molly became violently sick. She ran a fever and was vomiting uncontrollably. She was rushed to the hospital and, by the afternoon, Linda developed a fever and felt nauseous. Molly’s condition progressively worsened over the next two days and, despite the best efforts of the doctors, she died on Thursday. Linda got better and was sure that Molly’s illness had something to do with the hamburger at Nico’s. On her suggestion, Donna made some inquiries and found out that Nico’s used hamburger patties processed and sold by Argus International, a transnational meat processing giant. The next day, her fears were confirmed: Molly’s reports showed that she had died from a deadly strain of e coli bacteria, 0157:H7 (commonly referred to only as H7). H7 is usually found in ground meat and when consumed undercooked, it can lead to serious complications including kidney failure and death. On the very same day that Molly died, the Glasgow Herald carried a news item about the death of a middle-aged gentleman, Mr. Kelvin Lithgoe. His estate had issued a statement pointing out that Lithgoe’s death had occurred after consuming a pack of processed meat manufactured by Argus International. Lithgoe’s medical reports revealed that he had been infected by H7. The estate further alleged that the pack had been sold by Besco’s Supermarket. Following the report, Besco’s recalled all processed meat items that had been supplied to the retail chain by Argus International. Argus International, on the other hand, defended its processing units. It further stressed that all its ground meat packages displayed an advisory that the contents should be cooked to at least “medium-doneness” before consumption.
Please advise all parties on possible causes of action under Law of Torts, including potential defences.
2) Alice and Bharath are neighbors. Alice took issue with Bharath and his wife, Clara, moving next door three months ago and has repeatedly made comments to other neighbors about the “Indian trash littering her pristine British streets”. Alice, without instigation, decides to dump her garbage all over the front doorstep of Bharath and Clara’s flat. She leaves a note stating that they should join the rest of the trash and be shipped back to India. When Bharath ignored the note and cleaned up the mess, Alice became even angrier. Alice spread a rumor that she saw Bharath kissing another Indian man near the shops and entered his house. The rumors eventually found their way to Clara, as several women, including Alice, took delight in telling Clara about her husband’s supposed indiscretions and how you cannot expect “savages to be faithful or straight”. Later that night, she experienced severe episodes of uncontrollable shaking and vomiting. Clara, who is otherwise fit and healthy, suffered from these physical effects for two weeks until a psychiatrist proscribed some medication. One month after the incident with Alice, Bharath is denied a job at a local IT firm with his friend, who works there, alleging that upper management were not comfortable with a gay man working at their company.
As the lawyer of Bharath and Clara, please explain the potential tort claims that the couple can pursue against Alice.
3) Sandy, a third grade teacher, is the head coach of the fifth-grade girls’ basketball team at Queen’s Elementary and her team is currently 0-16 in the season. Roman, the part-time assistant coach and teaching aide, blames Sandy for the team’s poor performance and devises a plan to get her fired. Roman decides to accuse Sandy of stealing money from the team fund in front of the parents and student-players after a game. Sandy, outraged, yells at Roman and calls him a liar before throwing a basketball at the man. The basketball missed Roman but struck Tanav, a parent, in the face. Sandy then went up to Roman and told him, “You’d better watch your back, you coward.” Roman also posted on his social media profile that “The head coach is a thief! Lock her up!”. Delighting in her outburst and striking of a parent, he continues to spread the accusations across social media and through the parents and students. Sandy was fired not only from her position as head coach, but also from her teaching position. The school board stated clearly that this was based on Roman’s accusation that Sandy had stolen money from the team and her subsequent striking of a parent. Roman’s accusations were never substantiated; however, he was promoted to fill Sandy’s old teaching position as well as her coaching position. After six months, Sandy is still unable to find a teaching or coaching position in the community.