For my law homework FINAL!

1. Advise all the parties involved in all the situations and their possible defences, where necessary.

2. Underline the cases

3. Some questions have more than one issue, so read carefully

1. Serlene wants to buy a car, but because she knows very little about cars, she calls up her good friend, Miguel to assist her with the purchase. She says, “Hey, Meegs, can you help me find a car for about $50k. Besides power locks and windows, the engine must be in excellent condition because repairing that would cost me a lot.” After 3 weeks, the engine goes bad. (5 marks).

2. When Renita was migrating to Canada, she sold her house and left the furniture with her cousin, Mandisa. Mandisa needed money for emergency surgery, so she sold the furniture. When Renita called to say that she as moving back home and would need her furniture a few months later, Mandisa informed her that the furniture had been sold, but the money went to a good cause. (5 marks)

3. Kevon and Kathy meet up for drinks after work at 55 degrees, is a sports bar near to their job. Kevon is celebrating a promotion, so Kathy offers to buy the drinks : a Carib beer for her and a Malta for teetotal Kevon. After 4 gulps, he feels something solid in his mouth……it’s a frog! (5 marks).

4. Kevon starts feeling sick, so Kathy calls 999 and the dispatcher, Kathy-Anne, answers, listens to the situation, but doesn’t think it is important enough to send an Ambulance right away. She eventually despatched Celice and Koren, the Emergency Medical Technicians, who arrived there almost an hour after the call was made. By the time they arrived, Kevon had suffered permanent damage to his intestines, which he found out 3 years after the accident. (10 marks)

5. When Candice, Kevon’s mother, heard of the incident with her only son, she conceived a plan to burn down 55 degrees, which is owned by kedra. The next day, Candice follows through with her plan, unknown to anyone else. Kedra called the Fire Service who arrived 15 minutes later, but they were unable to contain the fire fast enough, and it eventually spread throughout the entire building, burning Kedra’s business to the ground. Kedra is considering bring a case against the Fire Service for its incompetence. (5 marks)

6. Michelle lived on a main road and one day, a car ran into her gate. The following day, she hired Aura, a skilled welder, to fix the gate. A week later, a man was walking home from the local pub, drunk and staggering along the pavement. When he got to Michelle’s house, he was so dizzy that he had to use the gate for support. The gate fell and severely injured the man. Who’s responsible and why? (10 marks)

7. Britney is a TSTT technican who does work in the Chaguanas area. (TSTT is the name of the telephone company) Today, she decides to go visit a friend in Diego Martin during her lunch break. On her way back to Chaguanas, she collides with Amelia in Cocorite, who suffers two broken legs. (5 marks)

8. Desiree is a banquet worker at the Byatt Hotel. She is called in to work at least 4 days a week when there are big events. After 3 weeks, she was not offered any work and decides to sue the Byatt for breach of contract (5 marks)

9. Theresa went to Zune night-club last night and didn’t get home until late. This morning she didn’t hear the alarm clock, so she got up very late. Theresa knows that if she gets to work late one more time, she could get fired, so she ‘flies’ down the highway dodging in and out of traffic until she loses control and slams into another car, killing the occupants. Then A case for wrongful death is brought against her, but she claims that her employer is responsible for her accident (10 marks)

10. Leigh and Cynthia went for a swim at Macqueripe Bay, when Leigh, a non-swimmer got into some difficulty. Cynthia, an excellent swimmer, heard Leigh’s distress calls and jumped into the water and swam out to meet her. When Cynthia, tried to swim back to shore she got exhausted because Leigh was too heavy for her, so she gave up and swam back to shore herself. However, the current was much stronger where Cynthia abandoned Leigh, so she was pulled under water and drowned. (10 marks)

11. Diana was sending a text message while trying to cross the busy independence square intersection, and at the same time, Allison got a “bad drive” from another driver and swerved into the path of Diana and hit her. Diana suffered a few broken bones (5 marks)

12. Rhonda was walking to class one day, when a negligent drive hit her and she suffered a broken leg, which resulted in her being on crutches. Because she was unable to drive with the broken leg, she had to stay home from work. One day, a thief thought that she went to work as usual and broke into her house. When he saw her sitting there, he panicked and pulled the trigger of his gun, hitting Rhonda in the broken leg. Due to the subsequent infection, she was left with no choice but to amputate her leg. Who’s responsible and why? (5 marks)

13. Annisa invited Cherish and Devera to a birthday party by her last weekend. Cherish, went to use the bathroom, and when she came out, she realised that door leading down to the basement was open, so she decided to go take a peak. She tripped on a bucked of paint, which was sitting on the step and fell down, resulting in a concussion. (5 marks)

14. Leela, who had been drinking all night decided to give Melissa, another friend she met at the party, a ride home. Melissa was seriously injured when Leela mis-calculated a corner and slammed into a light pole. Who’s responsible and why? (5 marks)

15. Anthony took Stephanie for a drive on the highway after she told him that she wanted to get her driver’s license. When Anthony realised that Stephanie was approaching an intersection too quickly, he screamed for her to step on the brakes, but she reacted too slowly; she slammed straight in to the side of a car. Anthony was injured and decided to sue Stephanie (5marks)

16. Danielle and Charlene were walking onto COSTAATT (costaatt is the name of a college)premises one rainy afternoon, when they noticed a “caution: Wet Floor” sign by the entrance. However , the tiles were so slippery that Danielle slipped and in an effort to regain her balance, pulled Charlene down with her. Danielle broke her wrist and Charlene broke her ankle. Who’s responsible and why? (5 marks)