Hong Gui Gao is the third-generation owner of a family-run traditional bakery operating in the heart of Chinatown: Torts of Negligence Assignment, TP, Singapore

Hong Gui Gao is the third-generation owner of a family-run traditional bakery operating in the heart of Chinatown. The bakery is famous for the quality of its confectionery, particularly its Red Tortoise Cake, for which demand consistently outstrips supply.

Desiring to increase the bakery’s production capacity, Hong purchased a system designed and manufactured by AutoBanh to automate every stage of the RT Cake-making process. Prior to installing the System at the bakery, AutoBanh conducted a one-day training session on how to operate and perform daily cleaning-down of the same for Hong and the bakery’s employees. At the training session, the following is emphasized to Hong and the bakery’s employees:

1. a thorough clean-down of the System’s food-handling parts must be performed daily to avoid contamination;
2. gritty and/or hard substances must never be introduced into any part of the System as the same is designed to work only with flour and soft/ pliable dough mixtures, and
3. the System must be entirely shut down for routine maintenance by a qualified technician every 6,000 hours of runtime.

The System was installed at the bakery on 10 June 2022. Between 11 June 2022 and 19 December 2022, the System ran for 10 hours daily without a hitch, churning out 10,000 pieces of RT Cake per day, all of which were snapped up by the bakery’s eager customers.

In the early morning of 20 December 2022, after the System had been in operation for about three hours, a clunking sound was heard from the section of the System responsible for feeding bean paste into the prepared dough to form uncooked RT Cakes, prior to their being finished in the steaming chamber.

Upon checking, Hong noted that many of the uncooked RT Cakes were either devoid of stuffing or contained insufficient amounts of the same. This suggested that one or more of the parts associated with the Hopper had become misaligned. Hong immediately stopped the System.

A visual inspection of the Assembly revealed that the mouth of the inline mixer, which connected to the pump feed, had partially disconnected owing to one of its six shoulder bolts have loosened and fallen off entirely. The missing shoulder bolt was nowhere to be found.

Hong accordingly replaced the missing shoulder bolt with a new one and restarted the System, which immediately began producing uncooked RT Cakes that Hong visually inspected and assessed to be of acceptable quality. These were subsequently finished in the steaming chamber and offered for sale to customers on the same day.

One of these customers was Mdm Tee Kee Boh, who purchased a box of two dozen RT Cakes. Upon returning home, Mdm Tee decided to treat herself to some of the cakes whilst binge-watching a Korean TV series. Unknown to her, one of the RT Cakes she had purchased contained the missing shoulder bolt concealed in its bean paste filling, a fact which she discovered when she bit into the cake and broke both her maxillary central incisors on the hard metal.

Mdm Tee immediately consulted a dentist, who advised her that the teeth were beyond repair, and would have to be immediately removed to avoid infection of the exposed root canal. The dentist further advised that replacement teeth would take at least a week to fabricate and that the earliest Mdm Tee could expect to have the same fitted would be on 3 January 2023. This dismayed Mdm Tee, who prided herself on her appearance and was due to compete in ‘Auntie Singapore Glamour 2023’, the finals of which were to be held on 2 January 2023.

As there was no possibility of her getting a replacement or denture fitted in time for the finals, Mdm Tee was forced to compete sans two front teeth. Needless to say, the judges were unimpressed with her appearance. One particularly insensitive judge even queried Mdm Tee at the ‘question and answer’ stage of the finals as to what “a toothless hag” like her was doing at a beauty competition.

Ultimately, Mdm Tee placed at the bottom of the contestants’ ranking. Disappointed, Mdm Tee brooded continually over the poor result and the judge’s dismissal of her as “a toothless hag”. In the weeks that followed, Mdm Tee became increasingly sensitive about her appearance, lost her former confidence, and withdrew into herself, finally developing severe depression which caused her to lose her employment as a cosmetics promoter.

An expert report tendered in respect of the shoulder bolt found in the RT Cake stated that the bolt was defective and unfit for purpose, in that its thread diameter was 0.3mm too narrow. This defect caused it to prematurely loosen and fall off.

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