Jessica and Emma are full-time employees at the Benjamin Limited Liability Company. They went to a coffee house named New Heaven Café near their office in the lunch time. Jessica ordered one coffee for her and a bottle of beer for her friend. Emma drank about half of the bottle, which was made of dark glass and labelled with white bold words. When Emma poured the remainder of the beer into a tumbler, she found a stranger. At this point, the decomposed remains of a snail floated out. She was shocked and suffered a severe painful stomach. She had to spend a week in hospital. The doctor confirmed that her stomach problems might have been caused by the inferior quality beer.
The Western Beverages company which manufactured and supplied beer to New Heaven Café confirmed that their manufacturing process was controlled strictly, which had never caused any incidents like that.
Emma’s boss was very angry when she had a week leave in busy days at work. She explained that she had an urgent health problem. However, the boss was insistent with his intention; she was fired on the first day she was back to work. Emma is so upset and needs some legal advice.
Requirements:
Emma has approached you for some legal advice. Write a report outlining the following:
Explain the above legal issues with reference to the English legal system, decided and recorded case law.
The assignment will be assessed by reference to the following criteria:
1. Emma confuses as to whether there is a contract between her and the beer
manufacturer. Explain the essential elements of contract.
2. Advise Emma whether she may successfully sue the Western Beverages company
for negligence. Explain the essential elements to claim for negligence.
3. Advise Emma of her legal position with regards to Benjamin Limited Liability
Company. Explain the different types of dismissal.