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Tort law: Choc Deluxe case Example (3 pages)


Assignment Information

This assignment requires you to write a 1000 word original advice to the following scenario

The confectionary company Choc Deluxe are manufacturers of luxury chocolate and after successfully raising the profile of their brand in India and China , are keen to

maintain their market share in the UK. To do this they put in place a marketing campaign whereby sample bars of Choc Deluxe chocolate are given away free of charge to customers of participating retailers. As Choc Deluxe anticipate a high demand for the sample bars , to preserve the limited supply of their exclusive Criollo cocoa beans for their full price luxury bars , they decide to add the more common and readily available Forastero cocoa bean to the samples.
On visiting her local shopping center with son Eric and boyfriend Simon , Lauren is delighted to see the free samples bars of Choc Deluxe and she takes several from the Choc Deluxe display, eating one with her coffee at a nearby coffee shop . As Choc Deluxe is Laurens favorite chocolate she immediately notices that the chocolate tastes differently and finishes drinking her coffee to remove the taste but within minutes her tongue begins to swell and she becomes short of breath. Simon recognizes the symptoms as anaphylactic shock and calls an ambulance. Lauren is treated at a private hospital at a cost of £10,000.

As the legal advisor to Choc Deluxe advise them of their liability to Lauren under the tort of negligence.

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