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Note the following when answering the assignment question 1. Use the IRAC method to answer this question.
A good answer will (a) Identify the issue/s in the question by discussing them in order of importance. (b) Be structured in a clear and logical manner that it is easy to read and understand. (c) Cite relevant authority to support your arguments. (d) Present good arguments that demonstrate clear understanding of the legal principlesraised in the questions.
QUESTION (20 MARKS)
Steve Meyer is owner and producer of olive groves on Hawiki Island, whose company, Mariato, 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 Mariato olive oil for their food preparation. In fact it is one of the main ingredients in many of Mariato’s customers’ recipes. This is common knowledge andMariato is the pride of Hawiki Island.
Adjacent to Steve’s olive groves is a farm owned by Peter Maeder who periodically does aerial spraying on his farm. His new young pilot mistakes Steve’s olive groves for the Maeder farm and sprays it with chemical pesticides. This incident has a major impact on Mariato. 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 Mariatoolives can be certified organic again. As a result, Mariato is unable to supply its customers with its prized olive oil.
To minimize its costs Mariatohas had to lay off 25% of its staff. Jess, who was part of the olive grove team lost her job and is unable to meet her mortgage repayments.
- Advise Mariato if it can sue Maeder for negligence. Will Julie be successful if she were to sue Maeder? (15 marks)
Roman White, a celebrity chef who has a regular television cooking show is one of Mariato’s customers. Upon hearing that Mariatois unable to supply him with its fine olive oil for a year, suffers a heart attack and it taken to the Royal Tahiki Hospital. Upon seeing him at the ICU (Intensive Care Unit) Sue White, his wife, suffers trauma.
- Advise Sue of her prospects of obtaining compensation if she was to sue Maederin negligence. (5 marks)
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