Assignment Task
Questions
Question 1
a. Identify whether liability in negligence can be potentially incurred by Mr Le Chiffre in the scenario that
follows. You are required to use relevant legal principles and case law to support your answer. You should apply the model commonly used by the courts (described in Unit 4, Section 6.5) when deciding liability.
Mr Le Chiffre runs Royale – a yoga retreat in Anglesey for retired members of the Civil Service. As a part of the retreat, Le Chiffre offers a dining experience ‘to die for at his award-winning restaurant Quantum of Taste. To impress his guests, Le Chiffre personally prepares an exquisite three course dinner to welcome them to the Royale. Amongst guests is Emma, a retired civil service member, a yoga practitioner and an accomplished author of world-famous crime novels. Emma is severely allergic to scotch bonnet peppers and informed Mr Le Chiffre about it at the time of booking a place on the retreat.
Within a few minutes of eating her main course, Emma suddenly struggles to breathe and falls off her chair, painfully grasping her throat. She is immediately transferred to a private medical facility where Dr Vesper determines that Emma has suffered a severe anaphylactic shock due to the presence of scotch bonnet in her food. In addition, Emma suffered internal injuries as a result of the ingestion of pieces of glass. Subsequent investigations by Detective White of the local police service found pieces of glass in the remainder of Emma’s meal.
b. Consider further facts presented below and advise Emma whether she is likely to be awarded any damages for injuries suffered, and, if so, which category of damages would be used to quantify damages for such injuries.
Emma is recuperating well but had to undergo complex surgery at a private medical facility to fix internal injuries suffered. As a result, she is temporarily unable to speak and on bed rest for the next three weeks. This has meant that Emma has had to cancel a book promotion tour in the Caribbean and Latin America, for which she has received a £30,000 advance payment. The organisers of the tour advised Emma that she needs to return the money given since she is unable to travel and promote her book. Book promotion tours are a significant source of income for Emma and an opportunity to sign book deals with new publishers.
Question 2
Wong is a highly successful and leading human rights barrister, As a result of a skydiving accident five years ago, Wong became paralysed from the waist down, remaining highly intelligent and of sound mind. Wong lives with his civil partner, Karl, who is a final year medical student. Karl takes loving care of Wong on an everyday basis and is the sole beneficiary of Wong’s will.
Prior to the accident, Wong had been a person living his life to its fullest. He believes that everyone has a right to a dignified death. His views are shared by Karl and by their long-term friend and world-leading neurosurgeon Dr Strong. Since the accident, Dr Strong has been instrumental in administering medical care to Wong. The two friends also share a passion for collecting rare ancient books, which they are known to passionately discuss for hours.
One day, Wong clearly expresses to Karl and Dr Strong that he is ready to end his life and he asks for their help so that he can die peacefully at home surrounded by his close friends. Both Karl and Dr Strong are sympathetic to Wong’s request and promise to do all they can to ensure Wong’s wishes are honoured. Wong is delighted by their response and says he is extremely lucky to have such a loving and compassionate partner (Karl) and best friend (Dr Strong). He adds that he would like Dr Strong to have his collection of rare books, which is worth nearly £250,000.
Advise on whether the public interest factors enshrined in paragraphs 43 to 48 of the Policy for Prosecutors in respect of Cases of Encouraging or Assisting Suicide support the case for prosecution of Karl and Dr Strong respectively under S2 Suicide Act 1961, should they assist Mr Wong as he has requested. You do not need to consider the evidential stage or the more general public interest stage of the Full Code Test, nor it is appropriate to consider whether Karl and Dr Strong would be convicted under section 2 of the Suicide Act
1961, if a prosecution went ahead. Your answer should focus solely on discussing which of the public interest factors (if any) under paragraphs 43 to 48 are likely to apply to Dr Strong and Karl and, therefore, whether a prosecution is likely to proceed, in each case, on the basis of these factors alone.
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