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QUESTION (20 MARKS) George Michael is owner and producer of olive groves in Koala Island, whose company, Oleocampo, produces one of a kind top quality cold pressed organic olive oil. He is the sole...

QUESTION (20 MARKS)

George Michael is owner and producer of olive groves in Koala Island, whose company,

Oleocampo, produces one of a kind top quality cold pressed organic olive oil. He is the

sole supplier to many food producers and celebrity chefs whose restaurants and

television shows only use Oleocampo olive oil for their food preparation. In fact it is one

of the main ingredients in many of Oleocampo’s customers’ recipes. This is common

knowledge and Oleocampo is the pride of Koala Island.

Adjacent to George’s olive groves is a farm owned by Andrew Ridgeley who periodically

does aerial spraying on his farm. His new young pilot mistakes Michael’s olive groves for

the Ridgely farm and sprays it with chemical pesticides. This incident has a major impact

on Oleocampo. It is unable to produce its fine quality organic olive oil for a whole year

until the effects of the chemical pesticide wears off and Oleocampo olives can be

certified organic again. As a result, Oleocampo is unable to supply its customers with its

prized olive oil.

To minimize its costs Oleocampo has had to lay off 25% of its staff. Julie, who was part of

the olive grove team lost her job and is unable to meet her mortgage repayments.

1. Advise Oleocampo if it can sue Ridgeley for negligence.

 Will Julie be successful if she were to sue Ridgeley?

 (15 marks)

Wyatt Marlston, a celebrity chef who has a regular television cooking show is one of

Oleocampo’s customers. Upon hearing that Oleocampo is unable to supply him with its

fine olive oil for a year, suffers a heart attack and it taken to the Royal Adelaide Hospital.

Upon seeing him at the ICU (Intensive Care Unit) Maggie Marlston, his wife, suffers

trauma.

2. Advise Maggie of her prospects of obtaining compensation if she was to sue Ridgeley in

negligence. (5 marks)



Oct 07, 2019
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