Coursework, Law Defences- Remedies

Project description
Topic:
Kylie enjoys eating chocolate and as she has a nut allergy, her preference is for Choc Delux premium brands as they do not contain nuts or nut products.
For Easter she receives a large box of her usual chocolates but after eating only a small number, suffers severe anaphylactic shock and is taken to hospital for emergency treatment.
As she is kept in for observation she is unable to perform her new single live on various pre-arranged TV shows and the lack of publicity means the single does not reach its forecasted number 1 position in the record charts and sales of her new album are much lower than anticipated.

a.
Advise the Board of Directors of Choc Delux if they have one or more of the following DEFENCES :

1. CONSENT (Complete Defence)
Morris v Murray [1990] 3 All ER 801
2. CONTRIBUTORY NEGLIGENCE (Partial Defence)
The Law Reform (Contributory Negligence) Act 1945
FROOM v BUTCHER [1975] 3 All ER 520
3. STATUTORY OR COMMON LAW JUSTIFICATION (Complete Defence) (PACE 1984)
4. NECESSITY (Complete Defence)
LEIGH v GLADSTONE [1909] 26 TLR 139
5. ILLEGALITY (Complete Defence)
THACKWELLS v BARCLAYS BANK [1986] 1 All ER 676

b.
IF THERE IS NO DEFENCE (or only a Partial Defence) WHAT REMEDIES ARE AVALIABLE?

1. DAMAGES (puts you in the position as if the negligence had not taken place.)
2. INJUNCTION – prevents someone from committing/ continuing to commit a Tort.

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