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Rhodri and Polly have been renovating a derelict church hall and grounds in a sleepy rural village called Crinkle Crag. They obtained permission to convert the hall into a live music venue with an outdoor viewing terrace, booths for street food vendors, a space for an outdoor viewing screen, and a licence to serve food and alcohol. The venue, which they called 'Crinkle Crib', held a launch party in August 2022 and since then there have been weekly music events every Saturday from 8pm -12am and a daily outdoor film on the large screen beginning at 6pm. The outdoor cinema stopped showing movies in December, but the plan is to resume in May, every year. There have been several complaints from neighbours of noise since the launch. On the other hand, there are many supporters of the venue as it has brought revenue and jobs into the village. Three incidents have come to Polly and Rhodri's attention:
The launch party required tickets to enter. Saleem and his family had bought tickets in advance. Unfortunately, Saleem, aged nine years, suffered severe burns that day. The incident arose after Saleem slipped away from his parents to investigate a sweet sugary smell behind one of the street food booths. The street food vendors use Crinkle Crib's kitchen for cooking. The sugary smell came from boiled sweets which had been left to cool in trays on a wooden shelf. Intrigued by the smell, Saleem reached up to see what they looked like, but the flimsy kitchen shelf gave way showering him in hot sugar. The street food vendor has no insurance to cover injury to their own customers and there were no warning signs in place near the cooling trays.
Advise Polly and Rhodri of any claims and liabilities they may be responsible for in Tort.
Negligence and product liability are two of our main topics for this week. Negligence is an unintentional tort because it happens by accident.
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