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BUS107 Commercial Law Contravention of Obligation of Care

Questions:

Tamara is addicted to chocolate. The only retailer that sells her favourite brand of chocolate bar is Aldi Supermarkets. Tamara goes to her local Aldi Supermarket every day to buy her favourite chocolate bar but it is often sold out. She gets very upset when this happens.

One wet Saturday morning in January Tamara is walking down the confectionary aisle of her local Aldi Supermarket and she sees at the far end of the aisle there is only one chocolate bar left for sale. She begins to run towards the chocolate bar. Another shopper appears at the far end of the aisle. Tamara runs even faster. As she reaches for the chocolate bar she slips on a puddle of melted ice cream and breaks her back. She spends several months recovering in hospital with general damages alone in excess of $700,000.

Tamara now wishes to sue Aldi Supermarkets in negligence for her losses. Aldi Supermarkets can prove that a staff member inspects the supermarket aisles and cleans up any spillages.


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