Social media #fail: how far does my duty of care extend?

When do we owe a duty of care to another person? How far does this duty of care extend?

Monash Law School was honoured to host The Hon. Marilyn Warren AC, Chief Justice of the Supreme Court of Victoria, who judged the inaugural student moot in our new state-of-the-art Moot Court.

In this fictitious modern-day take on the classic Donoghue v Stevenson negligence case, Monash Law School's leading student advocates present both sides of a landmark legal stoush.

Here are the facts of the case

A new beverage is marketed as 'The Snail Inside', with the tagline "Can you stomach the Snail".

An online daredevil hits on a idea. Believing it to contain a dead snail inside, she decides to buy multiple crates of the drink (totalling $15,000), post a gross video of her drinking a whole bottle on social media and then sell the crates to her fans at an inflated price.

But there's a catch. There's no snail inside. When she becomes the target of a social media backlash, labelling her a fake for her stunt, the daredevil suffers a serious personal downfall.

Here's a handy backgrounder on the appeal before Her Honour, Macallister v Figlietta Pty Ltd (2017), featuring the submissions from both sides.

Check out the 1-minute teaser

Check out the full courtroom proceedings

Before you begin, be sure to flick through both sides' submissions: Macallister v Figlietta Pty Ltd (2017).