Faculty of Business and Law

scenario: –

Kylie is enjoying her return to work as a business mentor on Simons TV show “You’re Hired! “as her new nanny enables her to focus on the job without worrying about the baby.

Since having the baby, Kylie has developed an allergy to the parabens used as a preservative in her usual make up brand and so her makeup artist buys a new range which is specifically advertised for sensitive skin as being “paraben and preservative free“ .

Half an hour after having the makeup applied Kylie suffers a severe reaction which causes her face to swell so dramatically she requires hospital treatment and is unable to do a photo shoot for a celebrity magazine for which she was to be paid £250,000. On investigation the makeup is found to contain parabens.

Advise Kylie: –

1) Of the requirements necessary to establish a claim of negligence against the makeup company

AND

2) Of the most appropriate remedy which may be available to her

AND

3) Of any defense(s) that may be used against her if she did not disclose the allergy to her makeup artist.