Question
Commercial Law
On 15 January 2019, Krispy Kreme Doughnuts Inc. (‘Krispy
Kreme’) delivered boxes of doughnuts to Osman, the manager and
owner of, 7-Eleven Inc., (‘7-Eleven’). Osman noted that the boxes
had the following expiry date stamped on the boxes: ‘best before 10
January 2019’. Osman was about to call Krispy Kreme to return the
boxes of doughnuts as the best before date had expired five days
earlier. However, he became distracted when Isaac, an employee,
spilt some orange juice on the floor. Osman placed the doughnut
boxes on the counter and told Isaac to mop the orange juice off the
floor. Osman was concerned that someone may slip on the wet floor
and hurt themselves. Sara, a famous novelist, drove into 7-Eleven
to fill her car with petrol. She was slightly tipsy having enjoyed
a celebratory wine after coming back from her successful book
launch. While filling up the car with petrol, she noticed Isaac
mopping the floor in the store. She entered the 7-Eleven store to
pay for the petrol. As she walked towards the cash register, Sara
slipped and fell down. Sara injured her wrist trying to break the
fall. Osman felt bad for her and handed Sara two boxes of doughnuts
that had been delivered to his 7-Eleven outlet earlier. Osman also
offered to drive Sara to the local doctor, Dr Ozzie. After
examining Sara’s wrist, Dr Ozzie assured her that the x-ray showed
that Sara had nothing to worry about. Dr Ozzie bandaged her wrist
and prescribed some painkillers. Sara thanked the doctor and handed
him the same box of doughnuts which Osman had gifted her earlier.
The doctor took the doughnuts home, but ate them only after two
weeks. In early March 2019, Sara realised her wrist still had
not healed and she was in a lot of pain. Sara decided to visit her
family doctor, Dr Esha. Dr Esha conducted a CT scan on her wrist
and diagnosed that Sara had in fact fractured her wrist. Dr Esha
told Sara that in her view, according to current medical
guidelines, Dr Ozzie should have performed a proper CT scan and set
the fracture using a cast so the wrist could heal quicker. Dr Esha
also told Sara that Dr Ozzie should have advised her to come back
to his clinic if she was in pain and if the mobility of her wrist
did not improve within a week. Due to the delay in receiving
appropriate treatment, Sara developed arthritis on her wrist. She
is unable to work as a writer. She now wishes to sue Dr Ozzie. Dr
Ozzie, is in hospital with food poisoning and he thinks the food
poisoning may be due to the consumption of the doughnuts Sara had
gifted him. Advise Sara, Dr Ozzie and 7-Eleven of any rights they
may have and if Dr Ozzie and 7-Eleven will be liable under the Tort
of Negligence ONLY. Give full legal authority for your answers.
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