Pleadings test answer(1)

12 as a result of consuming the oyster dish the

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12. As a result of consuming the oyster dish, the defendant contracted Hepatitis A and suffered consequent loss and damage. PARTICULARS OF LOSS AND DAMAGE The defendant was born on 1 May 1955. The loss and damage which resulted from the defendant contracting Hepatitis A were as follows: a) Medical expenses incurred during a three week stay at the Epworth Hospital in Richmond, Victoria in which intravenous treatment was administered: $48,500 b) Loss of earnings for Annal Accounting, a firm in which the defendant is partner: $50,000 c) Cancellation of holiday booking: $20,000 d) Pain and suffering e) Loss of business goodwill to Annal Accounting. Negligence 13. Further and alternatively, the plaintiff owed the defendant a duty to the defendant to serve food which was fit for human consumption. 14. In breach of the duty of care, the plaintiff failed to take reasonable care to ensure that the food was fit for human consumption. PARTICULARS The plaintiff was aware that oysters could be reliably tested for Hepatitis A contamination by temperature testing. He adopted a more cursory method of smelling the shellfish, with the consequence that contamination was not detected. 15. By reason of the matters referred to in paragraphs 14 and 15, the defendant has suffered loss and damage. PARTICULARS The defendant refers to and repeats the particulars given under paragraph 12. AND THE DEFENDANT COUNTERCLAIMS: A. Damages. B. Rescission of the agreement and any consequential orders. C. Costs.
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D. Such further or other order as the court deems appropriate. DATED: 12 May 2009 French and Finch French and Finch
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  • Fall '09
  • Pleading, finch, Melbourne

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