This assignment comprises FIVE questions that are based on the information covered in Week 2: TOPIC 2 – Sources of Law and Week 3: Tort of Negligence. ALL questions must be answered and the assignment is worth a total of 10 marks. The maximum word limit for Assignment 1 is 500 words. Note: extra marks will NOT be given for additional information that exceeds the word limit. Marks may in fact be deducted. This assignment is not an essay; therefore, an introduction and conclusion are not necessary. You must, however, specifically answer the questions provided in a series of numbered sentences and paragraphs. As this assignment is not a research assignment you can get all the information you need from the lecture notes. The lecture notes can be referenced as: "FBL – Lecture Notes 2014". If you copy the information directly from the lecture notes then you must use "inverted commas" and indicate the page number. Referencing Cases When referring to a case in your assignment the complete citation (or reference) for that case must be provided either in text or as a footnote or in a reference list at the end of your paper. The following is an example of in text referencing: The High Court has interpreted the Constitution to expand the Commonwealth's powers beyond that which the Founding Fathers expected as shown in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129. This case supported the High Court's tendency to give an expanded meaning to the words and terms used in the Constitution. If the case is referenced in text (as above) or as a footnote, there is no need to reference it again. If you choose to reference a case (or cases) at the end of your paper it (they) must be referenced in alphabetical order according to the first letter of the case name. For example: Case References Bolton v Madden (1873) LR 9 QB 55 R v Clarke (1927) 40 CLR 227 SVT v Best & Less (2001) 187 ALR 302 Williams v Roffey Bros & Nicholls (Contractors) [1991] 1 QB 1 Note: If you choose this option then the cases must be referenced in an exclusive list separately from other sources, such text books or the lecture notes. Please attach a cover sheet and be sure to label your assignment with your name and student identification number.READ THE FOLLOWING CASE STUDY Tony is a chef and proprietor of a restaurant called 'Taste of Italy'. Tony's pasta sauces are highly acclaimed and his restaurant is always busy. Max, a real estate agent, often eats at Tony's restaurant, where he also entertains his clients. To celebrate a recent successful deal in which he earned a good commission, Max invited his client, Joe, a builder, to have dinner with him at Taste of Italy. Max insisted on paying for the dinner. He went up to the counter and ordered a ham and cheese pizza for himself and a plate of pasta for Joe. Max also purchased a bottle of expensive champagne to toast the sale of Joe's property. Tony personally brought their meals to the table and stopped for a chat. After a brief conversation about business, family and the weather he left Max and Joe to enjoy their meals. The champagne went down well and the meals were delicious. It was a wonderful occasion until something unexpected occurred!!! As Joe chewed and swallowed what he believed to be part of a black olive the bitter taste alerted him to something unusual on his plate. Upon closer examination it was revealed to be part of an insect, a cockroach in fact, and that he had already eaten most of it. He pushed back his chair and ran to the bathroom where he was violently ill for some time. He was eventually taken to hospital by ambulance where he remained for a week recovering from a severe case of food poisoning. Tony quickly learned that the tomato sauce he had used in the pasta that day was obviously contaminated by more than one cockroach. The sauce had been obtained from Presto Products, manufacturers, in sealed plastic tubs. Obviously the insects were already in the container before it was filled with the sauce. Since pasta sauces often contain black olives Tony assumed that the particles in the sauce he was using in his cooking were bits of olive. Joe incurred medical expenses and was unable to travel to Sydney to attend the Australian Builders' Conference held in the week he spent recovering in hospital. Since he could not get a refund for accommodation costs he forfeited $1,000. In addition, Joe has now developed an eating disorder which his counsellor attributes to the trauma of the food poisoning experience. He will be required to attend ongoing counselling sessions and needs to take a further 3 months break from his building business. Joe is contemplating taking legal action for his loss against Taste of Italy and Presto Products and has come to you for advice.ANSWER ALL OF THE FOLLOWING QUESTIONS Question 1 Advise Joe against whom he should take legal action for his loss? (You need to explain why you have advised Joe to choose this party) [2 mark] Question 2 Is the action that Joe is considering taking described as civil or criminal? (Explain why you have made this choice) [1 mark] What cause of action will Joe take? [1 mark] Who is the plaintiff and who is the defendant? [1 mark] TOTAL = 3 marks Question 3 List the elements of the cause of action that must be proved by Joe in order to succeed in his action. [2 marks]Question 4 Which earlier decision could be used as a precedent for Joe's case? What was the ratio decidendi of that case. [2 marks] Question 5 What remedy is Joe seeking from a sucessful action against the defendant? [1 mark] TOTAL: 10 MARKS all instructions regarding references n all are given in description please go through properly