2010 INTRODUCTION TO LAW FOR ACCOUNTANTS CASE STUDY. 1. Julie wished to have a brick wall built to enclose premises which she owned. In order to do so she needed to hire a mechanical digger to dig the foundations. She telephoned Cowboy Contractors, a plant hire firm, who agreed to supply her with such a digger, together with Tony, its operator, subject to their normal terms and conditions. On the day arranged Tony arrived with the mechanical digger. He handed Julie a leaflet and a lengthy contract of hire. He then began work at once. The leaflet described the services offered by Cowboy Contractors. It also contained the following: A clause of the contract provided: Tony was inexperienced, with no knowledge of operating the model of machine supplied. He negligently drove the machine into the side of Julie’s building, demolishing the kitchen wall and breaking Julie’s arm in the process. He then reversed the digger into Julie’s neighbour’s, Derek’s, car, which was standing on his drive, causing considerable damage to the car. 2. “. . .whatever the nature of the harm sustained by the plaintiff it (is) necessary to consider the matter not only by enquiring about foreseeability but also by considering the nature of the relationship between the parties; and to be satisfied that in all the circumstances it was fair, just and reasonable to impose a duty of care.” per Saville L.J., Marc Rich & Co AG v Bishop Rock Marine Co Ltd  AC 211;  3 All ER 307. Lecturer explained in class that the assignment is based on Law of tort. The tutor wants me to read and understand the case, talk about all the problems in the case, who is at fault and how the problem can be solved. This question is based on vituous liability. Talk about julie been neglegent not reading the terms and conditions. Questions who is the employer: julie or the cowboy contracting comany who is the servant: who is in the position to hire or to fire that is who is to hold responsible the assignment is based on vircious liability the employer is responsible because according to the question, the did not read the terms and conditions before signing it not knowing that the person that caused the damage is not a professional. This cases were given in class….U can apply them to support ur answers Cassidy V ministry of health weight V tyre (Improvement) Mercy docks&harbour board V coggine&gaffins Morris V breavilgean (1993) Book: John Cooke(2009): Law of tort, Ninth edition. There are some attachments ON TORTS that might help in doing the assignment.
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