Caleb loves fireworks and barbequing food. Every year, Caleb hosts a large party on Guy Fawkes...
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Caleb loves fireworks and barbequing food. Every year, Caleb hosts a large party on Guy Fawkes night for his friends and neighbours. The party is famous for its great barbequed food and spectacular fireworks display. The party takes place on Caleb's farm. Caleb's nearest neighbour is Sadie. The boundary to Sadie's farm is 150 metres from the area where the fireworks will be lit. Caleb ordered the highest quality fireworks legally available for domestic use. The morning of the party was sunny with only light wind. Caleb confirmed with Bob, the local fire officer, that the weather conditions were suitable for his firework display. Caleb's friend Georgie was going to be responsible for the barbeque, so that Caleb could focus on setting up and supervising the firework display. At 10.30am, Georgie called Caleb to tell him that she was sick and needed to stay home. Caleb decided to take care of the barbeque himself as well as setting up the fireworks. As a consequence, Caleb did not have enough time to properly inspect each box of fireworks. He did not notice that one box of fireworks was damaged in transit, causing the rockets contained in the box to be defective. The fireworks display started at 9.30 pm. Halfway through the display, Caleb picked up one of the defective rockets and lit it, not noticing anything wrong with it. Instead of flying upward the rocket flew sideways 200 metres and hit Sadie's prize hen house, causing it to catch fire. The hen house fire caused a nearby petrol-can to explode. This explosion caused the fire to spread to Sadie's barn. The barn and all of its contents were destroyed, including a vintage car worth $100,000.00. Sadie managed to save all her hens but was hospitalised overnight due to smoke inhalation Instructions: Sadie seeks your advice. Is Caleb liable in negligence to Sadie? Identify the legal issues, apply the relevant case law, and reach a conclusion based on the law. Caleb loves fireworks and barbequing food. Every year, Caleb hosts a large party on Guy Fawkes night for his friends and neighbours. The party is famous for its great barbequed food and spectacular fireworks display. The party takes place on Caleb's farm. Caleb's nearest neighbour is Sadie. The boundary to Sadie's farm is 150 metres from the area where the fireworks will be lit. Caleb ordered the highest quality fireworks legally available for domestic use. The morning of the party was sunny with only light wind. Caleb confirmed with Bob, the local fire officer, that the weather conditions were suitable for his firework display. Caleb's friend Georgie was going to be responsible for the barbeque, so that Caleb could focus on setting up and supervising the firework display. At 10.30am, Georgie called Caleb to tell him that she was sick and needed to stay home. Caleb decided to take care of the barbeque himself as well as setting up the fireworks. As a consequence, Caleb did not have enough time to properly inspect each box of fireworks. He did not notice that one box of fireworks was damaged in transit, causing the rockets contained in the box to be defective. The fireworks display started at 9.30 pm. Halfway through the display, Caleb picked up one of the defective rockets and lit it, not noticing anything wrong with it. Instead of flying upward the rocket flew sideways 200 metres and hit Sadie's prize hen house, causing it to catch fire. The hen house fire caused a nearby petrol-can to explode. This explosion caused the fire to spread to Sadie's barn. The barn and all of its contents were destroyed, including a vintage car worth $100,000.00. Sadie managed to save all her hens but was hospitalised overnight due to smoke inhalation Instructions: Sadie seeks your advice. Is Caleb liable in negligence to Sadie? Identify the legal issues, apply the relevant case law, and reach a conclusion based on the law.
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Answer rating: 100% (QA)
Answer Caleb is liable in negligence to Sadie The relevant case law is Donoghue v Stevenson1932 AC 5... View the full answer
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