This is one unit of a Bachelor of Law at University level. It is expected that this assignment be worked as a problem question, therefore using the IRAC method (or MIRVAT) and supporting it with the legal principles of Torts for e.g the topics that have been covered in class lectures so far: - Introduction Preliminary - meaning of tort law. - Part One: Intentional Torts - Trespass One: Trespass and case, Trespass to the Person. - Trespass Two: Trespass to Land Trespass Three: Trespass to Goods, Conversion, Detinue and Damages. - Action on the case for wilful injury - Defences to intentional torts. - Negligence - General Overview and civil liability reforms. Duty of CareTamara Natural Juice Limited (TNJL) manufactures bottled fruit juice. To enhance the natural flavour of the product, the company uses the well-known pasteurisation process and avoids using any artificial chemicals or preservatives. This has the additional benefit of avoiding health problems associated with consumption of artificial substances. Indeed the company has become famous for its “no preservatives added” approach to its products.
The pasteurisation process used by the company involves heating each bottled product to a temperature of 75 degrees Celsius before the bottles are sealed. The pasteurisation and sealing processes are very crucial in the manufacturing process because they prevent any yeast bacteria from entering or staying in the juice. Where any yeast bacteria enters and survives in the juice, the bacteria could cause the juice to ferment. The gas that is built up in the fermentation process could have the effect of causing the bottle to explode after a period of time. However it is generally accepted by manufacturers in the fruit bottling business that this type of occurrence is rare and is only likely to occur in .02% of cases.
In a CSIRO report on the pasteurisation of fruit juices, scientific experts indicated that “even though the occurrence is most uncommon, it can be avoided altogether if the manufacturers heat up their products to a minimum temperature of 85 degrees.” The Kirsten Report, as the CSIRO report is called, also indicates that in any case, the risks associated with the occurrence could be reduced if manufacturers used plastic containers instead of glass.
When the Kirsten Report was released in June 2014, the Australian Guild of Natural Juice Bottlers opposed it in a press statement on the grounds that heating the product to the recommended temperature of 85 degrees would put up their cost of production considerably because of increases in the power charges, and make it uneconomic to continue with the product on which many Australians have now come to rely. With the support of environmentalist groups, the Guild further argued that since plastic containers are neither biodegradable nor easily recycled, they are not “environment friendly.” The Guild’s press statement also noted that most other interstate manufacturers use glass and not plastic containers and that given that fermentation was very rare and the cost associated with any changes was too high, the Kirsten Report recommendations were unnecessary and in any case uneconomic to implement in New South Wales.
On 20 February 2015, Miss Hooper bought a bottle of orange juice from the TNJL range from the local supermarket. She placed the bottle together with the rest of her shopping on the front passenger seat of her Toyota Corona sedan, parked on Victoria Street in the Sydney suburb of Chatswood, and went to visit Mandy, a friend who lived in the vicinity. It was a hot sunny day, and the temperature was about 34 degrees.
Miss Hooper returned to her vehicle about an hour later with Mandy who had asked for a lift into the city. At this stage the temperature in the sedan had risen considerably and was estimated to be about 50 degrees. As Mandy was clearing the front passenger seat to make room to sit down, she shook the bottle of orange juice which exploded into her face cutting her in several places and causing her to lose an eye. Mandy was rushed to the Royal North Shore Hospital.
Mandy wishes to know whether she can recover any damages against either TNJL or Miss Hooper.
Write a memorandum explaining the basis of your advice to Mandy, with supporting legal principles of torts.

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