Distinguish strict liability from general tortious liability with reference to Prime Computers.
Factor X (FX) owned by Arthur, an events management company, was contracted to provide corporate hospitality by Indoor Stadium for clients attending a sporting event. In order to exclude the general public from the executive corporate hospitality area, FX engaged its usual contractors, Crew Service (CS), to provide security for the day in question. The security staff’s instructions from FX were detailed and included a specific instruction not to admit people without a ticket, along with an instruction that should there be any problem with a non-ticket holder trying to enter, the member of staff should radio a member of FX staff and wait for them to attend to resolve the situation.
The centrepiece to the hospitality buffet was an elaborate chocolate fountain. Paula, an FX employee, assembled the fountain incorrectly and didn’t test it as she had been instructed to do. As a result of the incorrect assembly, the fountain later toppled over, scalding several guests and knocking one unconscious. During the commotion, Scally tried to sneak into the event but was caught by Louie, one of the security staff. Louie violently twisted Scally’s arm and threw him to the ground, breaking Scally’s wrist and cutting his head.
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