Tina's Gourmet Catering Ltd. (hereinafter referred to as "Tina's") makes several types of fresh salads, which they package in sealed containers and sell to various retail outlets. Grandma Wright, shopping with her daughter Jane, bought one of Tina's salads at the delicatessen at Superdeal Grocers Ltd. (Superdeal) . Jane and her mom drove to Jane's and Jane served the salad to her family for lunch. The salad was contaminated through Tina's carelessness and caused Jane's family to be very sick. Jane's husband missed work and her kids missed school for a week. Neither Jane nor her mother were sick because neither had eaten the salad. On these facts, which of the following actions would most likely be successful?

A) Father v. Superdeal for breach of contract
B) Father v. Superdeal for negligence
C) Grandma v. Superdeal for negligence
D) Kids v. Tina's for negligence
E) Jane v. Tina's for negligence

Question

shweta sabale · Accepted Answer

Final Answer : D, Explanation :  EThe kids and Jane would most likely be successful in a negligence claim against Tina's Gourmet Catering Ltd. because the salad was contaminated due to Tina's carelessness. This establishes a direct link of negligence from Tina's to the harm suffered by Jane's family. Jane, even though she did not eat the salad, could claim for the harm caused to her family due to the negligence. The kids, having eaten the salad and gotten sick, are directly affected by the negligence. Claims against Superdeal for breach of contract or negligence are less likely to succeed without evidence of Superdeal's own negligence or breach.

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