Advise the Board of Directors of Choc Delux of their liability to Assignment

Advise the Board of Directors of Choc Delux of their liability to Kylie under the tort of negligence - Assignment Example The inclusion of a new ingredient was not communicated to customers. However, it can be argued that nuts are edible and are mostly used alongside cocoa. In this regard, Choc-Deluxe did not foresee any harm. According to tort law, harm should be foreseeable for a firm to be accused of negligence, thus, liability can be exempted. Consequently, the relationship between a firm and its customers is a bother. For a firm to be held responsible, there must be proof that it understands the customers situation, thereby proving negligence of the duty of care (Caparo Industries Plc v Dickman [1990] 1 All Er 568) The complications that arose from consumption of the product caused Kylie a huge economic loss. However, there is a weak link between the company’s products and the economic losses of Kylie. Choc-Deluxe cannot be accused of negligence since they had no information about the chain of events that would lead to the loss. Thus, the duty of care cannot apply in such instance (Hedley Byrne V Heller [1963] Ac 465). In Bolton v Stone [1951] AC 850, a defendant cannot be deemed negligent if the damage caused by the actions were not foreseeable. In the case of Coke deluxe, the damages to the plaintiff could not be foreseen as her condition was not known to the company, thus, the company is not responsible for the violation of torts. Consequently, there was no established link between nuts and injury among many consumers, thus making Kylie’s a unique case. The extent of economic and health damage caused by consuming chocolate laden with nuts can be attributed to lack of proximity in the relationship between the firm and the customer. Irregardless of the fact that Choc-Deluxe needed to communicate to the customers about the changes, a tort could not be admitted since the company did not have the details of her special circumstances and if knowing her circumstances would have made an impact on the