Business Law Case Study Australian Broadcasting Corporation
Referencing Style: Australian Broadcasting Corporation. Diners swallow caustic soda instead of salt. BBC News. 23 May 2013. (Word count: words] 1 . Identify areas of law addressed in the chosen media report, and explain how they are relevant to the matters outlined in the report. Students should refer to the areas of law listed in Chapter 1 of First Principles of Business Law. Not all listed areas of law will be relevant, but each media report involves at least two areas of law. (4 marks)
This article reports on diners consumption on fast food contaminated with cleaning product, caustic soda. Criminal Law Even supposing that this unlawful act is an involuntary manslaughter, it still falls under criminal law as it involves non-deliberate harming or even killing of other Individuals caused by the perpetrator. The food contamination which leads to food poisoning was in fact without intent or malice aforethought. Rot Law rhea perpetrator who mistakenly sprinkled caustic soda instead of salt into the food had failed to exercise reasonable care for the sake of the customers.
This is an issue relating to Tort Law. As a consequence, some customers who had consumed the contaminated fast foods contracted food poisoning. Sir Charles Gardner Hospital gastrointestinal specialist, Doctor Hoi E even stated that this type of food poisoning can be serious and may cause death if the caustic soda had been taken in significant amount. Clearly, this shows that the employee’s gross negligence had Imposed a risk for the customers’ health. Administrative law In this case, Chicken Treat has failed to exercise reasonable care for the customers. E city of Bundy is investigating on this incident based on the Food Act. If there is potential breach, the city may initiate civil or criminal court against the perpetrator. Civil Law In Civil Law, cases are generally settled when one party takes some or suitable action Nearby in this case, solving and correcting Chicken Treat’s business practice. A receiving claims and complaints from customers who suffered from food poisoning right after consuming fast foods coated with caustic soda, the officers in charge Immediately take action to investigate about the incident.
Workfare, forensic police and detectives work together to identify in what way the cleaning chemical product has gotten into the customers food. Staff members at Bundy store had also been questioned to provide more information on this. Contract Law Contract law is included in this issue as consumer law is under contract law as well. In this situation, a quick action is vital in a claim for food poisoning. One cannot expect to make a claim without any evidence to show that the poisoning was caused by the restaurant or store.
Getting a doctor’s note will also confirm that one had the illness and the date which you had it will be crucial to any claim. Ms Clement promptly complained to the manager about the fast food. 2. Demonstrate how the law functions in these various ways, by reference to specific examples within the chosen media report and the areas of law you identified in * Allows people to organism and plan with reasonable certainty. Question 1. rhea chips were believed to be covered with caustic soda. Chicken Treat food handlers should be better organized when carrying out food business.
This is an important measure taken by government to ensure that food sold in the community is safe and edible. * Lays down rights, duties and powers of members of different classes and groups. rhea claims of customers affected by the contaminated food have attracted publics attention. Chicken Treat feels regret for this incident to happen and is working together with the police investigation to rectify this problem. Government authorities like Workfare, forensic police and detectives are cooperating to identify how exactly the food has been contaminated.
Permits, encourages, forbids or discourages particular activities. rhea Chicken Treat company is still being under investigation by the city of Bundy for potential breach of Food Act. It is an offence to sell food which is either damaged or contaminated for human consumption. Prosecutions for food safety breaches may be initiated if there is serious non-compliance of the food laws. Government authorities such as Workfare, forensic police and detectives are taking this measurement to ensure that food sold in the community is safe for human consumption.
Creates rights and duties that can be enforced As a member to society, the customers in particular nave the rights to issue complaints against Chicken Treat for serving contaminated food which results in dangerous food poisoning. Ms Clement immediately reported to the Chicken Treat manager after her daughter, Aim and herself tasted the food as she sensed something unusual about the taste. Other customers also got the same side effects and were hospitalized. Gastroenteritis’s verified that this food poisoning can be more serious if large amount of the cleaning product is swallowed.
Provides remedies when rights are interfered with or duties are not discharged. Customers suffered from food poisoning after consuming fast foods coated with caustic soda had to see a doctor. Chicken Treat have made a statement saying it regrets for this to happen. Hence, cooperating with the police investigation into how the caustic soda got into the food. 3. By reference to the legal issues contained in the chosen media report, explain why t was important for the relevant party/parties to know the law in the circumstances? How did, or could, the party/parties have applied the law to their advantage?
Anyone “ho works in the food business should be aware of risk when handling food and most necessarily responsible for making certain that the food they sell or prepare for sale is safe for human consumption. All food premises that operate need to make secure that their food handlers have the skills and knowledge necessary to keep food clean and safe in the workplace. This requirement means anyone within the business or community group involved in any activity that involves food, or surfaces likely to come into contact with food, must know how to keep the food safe from contamination.
We will be able to comprehend the possible consequences our actions might have under law with this knowledge of the law. Knowledge of the law Nil also enable us to understand our rights and duties as members of society. More accordingly, it enables us to know that we may have attainable remedies when our rights are contravened. With knowledge of the law, customers contracted from illness due to food contamination can actually prove claim for their own rights. 4. Briefly outline and explain the different sources of law in Australia. What source(s) of law was raised in the chosen media report?