Tort & Obligations of Contract

Scenario
Jessica recently started work at Francesca and Benedict Restaurant in Aberdeen. Her contract of
employment states that she is entitled to training on how to operate the gas hob in the kitchen and
general safe working patterns in the restaurant. It also states that she is entitled to a 30 minute
break for each 6 hour shift worked. On her first day of work, she was asked to assist the chef in the
kitchen as it was very busy. With no training whatsoever, she operated the gas hob and other
kitchen appliances in the kitchen restaurant. Jessica also assisted in doing the washing up but was
unaware of a problem with a faucet. Her failure to shut it properly led to a burst pipe in the kitchen
which caused flooding in both the kitchen and dining areas of the restaurant. The flood also affected
the store beneath Francesca and Benedict Restaurant. As a result of the wet floor in the restaurant,
two customers; Drew and Siobhan, slipped and fell. Drew broke her legs and Siobhan suffered a
horrendous injury to her elbow and both were taken to the Hospital. Siobhan had her hand placed in
a caste. Drew, a second-year University student, has not been able to attend school for eight weeks
and has missed half of her classes for the Semester. Siobhan is a delivery driver and was unable to
drive for 12 weeks while she recovered. Jessica is unsure what her rights are and is also unsure if she
has a valid employment contract with Francesca and Benedict Restaurant. She was intoxicated at the
time of signing the contract electronically and thinks that this vitiates the contract of employment.
She has come to you for advice.
a) Advise Jessica on the relevant contractual issues in the scenario. (Weighting 30%)
b) Identify and address any tortious issues in the scenario and advise Jessica, her employers, Drew
and Siobhan about their respective legal rights and any potential legal claims they might have.