Consider the facts of exercise 6.5. The symptoms of food
poisoning experienced by Ted do not go away, and in fact worsen over the
following week. Ted visits the hospital and is told by the doctors that the
food poisoning has worsened a pre-existing acid imbalance in Ted’s stomach,
triggering a stomach ulcer that is going to require extensive — and expensive —
medical treatment. Can Ted recover the cost of this medical treatment from
Ted is in the final year of his Business Management degree.
He orders a pizza from The Lame Duck the night before his Business Law exam.
The pizza contains rotten pineapple, which was carelessly put on the pizza by
Dan, Johnny’s new chef. The next day Ted suffers food poisoning, but attempts
the Business Law exam anyway. He fails the exam and has to repeat the course
over summer. Can Ted recover the cost of the summer course from Johnny by suing
Johnny in the tort of negligence? In your answer focus on whether or not the
harm suffered by Ted was caused by the breach of duty.