Use the laws of contract and negligence to set out the rights and liabilities

CASE STUDY QUESTION
Read the case study below and then apply the laws of contract and delict to complete the task in bold italics at the
bottom.
Audrey is a sole trader who runs a catering business. One day she is contacted by Daniel, who wants her
to provide the food and drink for a party to celebrate the 10th anniversary of his business, in three
weeks’ time. Audrey emails a quoted price of £800, stating that ‘the food, drink and service will all be
safe and of excellent quality’. Daniel agrees for Audrey to provide the catering on that basis.
With almost 100 clients and business guests expected at the party, Audrey hires Jason as an assistant for
the day. Jason has no cooking experience, so Audrey firmly tells him that he must not cook anything.
Instead, he is to serve food and drink, collect used dishes and glasses, and generally help out as
instructed.
The party goes off well, until Audrey gets an urgent phone call about her son, who has been in an
accident. She has to leave things to Jason while she temporarily leaves the venue, and instructs him to
“Just look after things for me”. Audrey returns to the party and resumes charge 90 minutes later.
Two days after the party, Audrey gets an angry phone call from Daniel. He has several complaints:
 Jason managed to smash several glasses while collecting them, resulting in Daniel’s wife getting
a badly cut leg.
 Several more guests are complaining that they are suffering food poisoning picked up at the
party.
 A further guest claims that, while Audrey was gone, Jason was selling hard drugs to guests, some
of whom were taken ill as a result.
 The bill Audrey has sent Daniel is for over £950, way beyond what was agreed.
Audrey explains that the higher bill is simply down to her having to buy more expensive ingredients on
the day. Because of time pressure, she just went ahead and did so without asking Daniel first.
On the food poisoning, Audrey makes enquiries and it turns out that, when she was absent, Jason served
up some mussels in white wine, which were undercooked. They had needed more time to cook properly
and eliminate any possible toxins. As to the cut leg and allegations of drug dealing, Audrey resolves
never to hire Jason to work for her again.
The injured guests and Daniel’s wife want to sue Audrey for the injuries resulting from Jason’s conduct.
Daniel is refusing to pay any more than £800, and is claiming that Audrey is in breach of contract too.
Audrey wants to be paid the full £950.
Use the laws of contract and negligence to set out the rights and liabilities of Audrey, Jason and Daniel. Among
other things, your answer should consider:
 What contract/s are in place, and between whom;
 Whether Audrey is in breach of contract;
 Whether Audrey has a legal right to be paid £950;
 Who owed a duty of care to whom;
 What delictual liability Audrey might have for things that Jason did wrong.
Referencing
The Harvard system of referencing
Reading List
There is a variety of text books available on this subject. Use a selection from the following list (in
alphabetical order not in order of preference). Remember to make sure that any textbook or online
source that you use relates to Scots Law and that it is sufficiently up to date. Do not use references
that discuss different legal jurisdictions.
 BLACK G. 2018. Woolman on Contract. 6th edition. Edinburgh: Greens Concise Scots Law
 CROSSAN S. J. 2017. Scots Law Theory and Practice 3rd ed Hodder Gibson
 GIBB A. 2012. Contract. In: ASHTON C., et al. Understanding Scots Law. Edinburgh: W. Green /
Sweet and Maxwell
 LITTLE T. 2015. Law Essentials: Contract law. 3
rd ed. Dundee: Dundee University Press

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