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Civil Law

On 15 January 2019, Krispy Kreme Doughnuts Inc. (‘Krispy Kreme’) delivered boxes of doughnuts to Osman, the manager and owner of, 7-Eleven Inc., (‘7-Eleven’). Osman noted that the boxes had the following expiry date stamped on the boxes: ‘best before 10 January 2019’. Osman was about to call Krispy Kreme to return the boxes of doughnuts as the best before date had expired five days earlier. However, he became distracted when Isaac, an employee, spilt some orange juice on the floor. Osman placed the doughnut boxes on the counter and told Isaac to mop the orange juice off the floor. Osman was concerned that someone may slip on the wet floor and hurt themselves. Sara, a famous novelist, drove into 7-Eleven to fill her car with petrol. She was slightly tipsy having enjoyed a celebratory wine after coming back from her successful book launch. While filling up the car with petrol, she noticed Isaac mopping the floor in the store. She entered the 7-Eleven store to pay for the petrol. As she walked towards the cash register, Sara slipped and fell down. Sara injured her wrist trying to break the fall. Osman felt bad for her and handed Sara two boxes of doughnuts that had been delivered to his 7-Eleven outlet earlier. Osman also offered to drive Sara to the local doctor, Dr Ozzie. After examining Sara’s wrist, Dr Ozzie assured her that the x-ray showed that Sara had nothing to worry about. Dr Ozzie bandaged her wrist and prescribed some painkillers. Sara thanked the doctor and handed him the same box of doughnuts which Osman had gifted her earlier. The doctor took the doughnuts home, but ate them only after two weeks.  In early March 2019, Sara realised her wrist still had not healed and she was in a lot of pain. Sara decided to visit her family doctor, Dr Esha. Dr Esha conducted a CT scan on her wrist and diagnosed that Sara had in fact fractured her wrist. Dr Esha told Sara that in her view, according to current medical guidelines, Dr Ozzie should have performed a proper CT scan and set the fracture using a cast so the wrist could heal quicker. Dr Esha also told Sara that Dr Ozzie should have advised her to come back to his clinic if she was in pain and if the mobility of her wrist did not improve within a week. Due to the delay in receiving appropriate treatment, Sara developed arthritis on her wrist. She is unable to work as a writer. She now wishes to sue Dr Ozzie. Dr Ozzie, is in hospital with food poisoning and he thinks the food poisoning may be due to the consumption of the doughnuts Sara had gifted him. Advise Sara, Dr Ozzie and 7-Eleven of any rights they may have and if Dr Ozzie and 7-Eleven will be liable under the Tort of Negligence ONLY. Give full legal authority for your answers. 

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