LAWS101 Fundamentals Of Business Law :
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LAWS101 Fundamentals of Business Law
Summer Semester 2022
AT3 Case Study Analysis
Kentucky Fried Chicken (KFC) Outlet Villawood sued over brain damage to a 14 year old girl
Monika Samann, a 14-year-old girl from Sydney, Australia, was left brain-damaged and now must use a wheelchair to get around, after she ate a salmonella-tainted KFC chicken twister seven years ago.
In April, an Australian court ordered KFC to pay Monika and her family, 8 million Australian dollars ($8,349,600 in U.S. dollars) in damages.
“As a result of her injuries, it is clear she will never enjoy the normal life that was expected of her prior to this catastrophic event,” NSW Supreme Court Justice Stephen Rothman said in April.
Monika Samaan and her entire family were sickened with salmonella poisoning, but she was the only one in the family not to recover from the illness. She became so sick that she fell into a coma and was hospitalized for several months.
During the trial, some staff members at the KFC store in question testified that restaurant employees would sometimes handle the food without gloves, and would even throw around the food and let the chicken fall on the ground.
You can find further information about this case study from the following links:
- https://www.abc.net.au/news/2009-08-03/girl-11-launches-10m-kfc-lawsuit/1377228
Analyse the information for the case study given above and write a report addressing the following questions. Your case study report must be structured as follows:
- Executive Summary
- Introduction
- Findings
- Discussion
- Conclusion
Questions
1. Does KFC owe a ‘duty of care’ to its customers in relation to the food it serves? In your answer discuss the legal principle of duty of care, with particular emphasis on duty of care in a restaurant business.
2. Discuss whether KFC was negligent in service of salmonella infected chicken to Monika Samann? (apply section 5B of the Civil Liability Act 2002 (NSW)).
3. Did Monika Samaan have a contract with KFC when she bought the chicken twister? What is the nature of such contracts? Note: you will need to consider the impact of the Australian Consumer Law on the terms of the contract.
4. What defences under the tort of negligence KFC could have argued in their defence. In particular, could KFC argue it was not responsible for the actions of its employees?
5. Discuss whether KFC complied with Australian legislation related to the safe service and handling of chicken and food to Monica Samaan.
6. What processes should KFC implement to avoid future incidents as described in the article above?
Other Details
| Due date | Written Report: 11.55pm Friday, Week 9 |
| Word limit | Written Report: 1500 to 2000 words |
| Other requirements | For the report: Use 12 point fontDouble-space your document to allow room for feedbackState the name and student numbers of all group members in the document headerState the word count in the document headerInclude a bibliographyComply with the APA referencing style |
| Submission format | PDF file (.pdf) or Word (.doc) only |
| Submission method | Via the Turnitin dropbox on the Course Hub |
| Marking criteria | See rubric set out in the appendix |
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