This shocked her and she suffered gastroenteritis and nervous shock

Assess the possible liability of the parties.

Answer:

Negligence

Negligence is described as one’s failure to exercise an appropriate and ethical form of care when performing a duty. Acts of carelessness characterized by acts or omission that lead to causation of injuries are called negligence. The consequence for negligence is damaged after a plaintiff successfully proves that negligence existed. The backbone of negligence is that employees and employers have the duty to carry out their activities with reasonable care by understanding that foreseeable harm may be caused to people and property through negligence. In cases where one suffers a loss due to negligence from a different person, he or she has the right to sue that individual for damages so that a compensation is awarded. Losses vary from physical injuries, psychiatric illnesses, harm to property and economic losses.  There are five main components that one has to prove so that negligence is determined. These are a breach, assessment of duty, actual cause, damages, and proximate cause.

References

Donoghue v Stevenson [1932] AC 532

Grant v Australian Knitting Mills [1935] UKPC 62, [1936] AC 85; [1935] UKPCHCA 1, (1935) 54 CLR 49 (21 October 1935), Privy Council (on appeal from Australia).