Reference no: EM133263076

Peter was looking forward to the Halloween party at the office. Covid had been too long and lonely, and he was really excited to have social interaction with colleagues. He decided to make a special snack - the traditional breakfast of Scotland: haggis.

Haggis is made using sheep's heart, liver, and lungs, minced with onion, oatmeal, suet, spices, and salt, mixed with stock, stuffed into the sheep's stomach, and cooked. Peter got hungry just thinking about it.

Peter prepared it with fresh ingredients.

The Halloween party was held outside on the office's rooftop deck. Everyone in the office is very careful about allergens and food sensitivities, so labels are provided for each person to write the essential information. Peter wrote "Haggis" on his label, and used the tape provided to attach it to the dish. (Tape was necessary because the rooftop deck got a fair amount of wind.) When Peter looked over the other dishes people brought, he saw the food allergen information, and realized that he didn't list anything. He got a new piece of paper and added, "contains onion, oatmeal, and sheep". Unfortunately, he couldn't find the tape, so he set the label so the weight of the dish held it in place.

By the time everyone started eating, the dish had shifted and Peter's note looked to only say "contains onion, oatmeal". Sally is a very strict vegan. She was unfamiliar with haggis, but was excited to see that someone had brought an interesting looking dish that smelled delicious, even though it was made with oatmeal. She ate several helpings, as it tasted as good as it smelled. She went back to see if she could learn more about it, but by this time the second label was gone, blown away by the wind. As she was taking her fourth helping, Peter approached. She asked if he knew what haggis was made of. He replied that he had made the dish. He then explained in great detail all that went into making it.

Sally got sick immediately. She vomited several times, and went to the hospital to have her stomach pumped. The next day she was furious. She comes to the law firm where you are working as an intern and asks whether Peter is liable for her hospital bill and her pain from vomiting. The lawyer asks you laying out the case for negligence.

List the elements that must be proven for negligence tort liability.

For each element, identify facts that must be considered to evaluate Sally's claim.

If you conclude Peter is liable, summarize why each element is satisfied. If you conclude he is not liable, indicate which elements are missing and why.