If it were true that adrian had such levels of

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Unformatted text preview: ical technician employed by M&M to interpret the data is momentarily distracted and notes in the report (wrongly) that Adrian has dangerously high levels of cholesterol in his blood. If it were true that Adrian had such levels of cholesterol, he could suffer a fatal heart attack at any moment. The technician’s notes are immediately brought to the attention of his supervisor, who ‘red-flags’ the report, and an M&M customer service officer whips into action to alert Adrian of his ‘dangerous’ condition. The customer service officer immediately forwards the report to Dr Weevil and calls Adrian up on his mobile phone to tell him the results. Adrian picks up the call on his hands-free kit (as he is driving). Although he is surprised, he takes the ‘bad news’ calmly. He pulls over and calls Dr Weevil. Dr Weevil is quite certain something is wrong and suggests that Adrian request for a free re-test, since there is nothing in Adrian’s medical history that would suggest the conditions reported on the test. Just in case the report is accurate, Dr Weevil also suggests that Adrian rest at home while awaiting confirmation and avoid flying for the present as a precautionary measure, as that would almost certainly bring on a heart attack in any person with cholesterol levels as dangerously high as suggested by M&M’s report. Adrian starts to drive home and calls M&M (again using his hands-free kit), but they refuse to do a re-test for free. In the heat of the argument over their obstinate refusal to give him a free re-test, Adrian accidentally steps on the accelerator instead of the brakes while trying to reverse into his garage. As a result, he smashes the rear fenders of his car. Adrian has to pay $15,000 for the repairs as he drives a 1950s-vintage Mercedes, and vintage replacement fenders are very difficult to source. Over the next week, Adrian continues to wrangle with M&M for a retest. Following Dr Weevil’s suggestion, Adrian also turns down a very lucrative photo-shoot that would have required him to fly to Iceland in order to rest at home, thereby losing the opportunity to earn a nett profit of $25,000. Finally, in exasperation, he contacts Wonderful Medical Labs Pte Ltd (‘Wonderful’), and asks them to run the same battery of tests on him. Wonderful agrees and reports that Adrian’s cholesterol levels are normal. Very relieved, Adrian pays Wonderful’s fees of $2,000. Adrian’s insurance company is not paying for this test, as it is outside the scope of their insurance policy. Q5. Based on the law of the tort of negligence, advise M&M whether they would be liable to pay compensation for all the damage suffered by Adrian. (35%) - End of Paper 4...
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This document was uploaded on 04/07/2014.

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