Question: Case study 2: E Dreams is implementing a project next to Marc's building. Based on a contract between E Dreams and the Municipality, E Dreams
Case study 2: E Dreams is implementing a project next to Marc's building. Based on a contract between E Dreams and the Municipality, E Dreams has undertaken the work of improving the Municipal Park. The work includes: replacement of the playground structure and the swing set and an expansion of the play area. During that period, E Dreams was overloaded and had five other important projects under process. In addition, E Dreams had only one team that has an extensive experience in performing the improvements in the park. However, due to an emergency situation, E Dreams management had to dispatch the team to another site. At the same time, E Dreams management wanted to deliver the Municipality Park project as soon as possible in order to be able to focus on the other ongoing ones. As a consequence, it was decided to send an unexperienced team to the Municipality Park to implement the improvements. E Dreams completed the work in the Municipality Park on time and organized an inauguration event, which all the neighbourhood has attended. The event started with fireworks offered by Sparkles Co. who is a local fireworks manufacturer. Sparkles Co. team has made all the required security checks over the products used and made sure to follow the security guidelines while displaying the fireworks. And yet, one of the attendees, Marc, was hit by one of the explosives and transferred in emergency to the hospital. The evening witnessed another unfortunate accident. While one of the children, Jen, was using the swing, the latter has collapsed over Jen who was heavily injured. After initial investigations, it turned out that E Dreams team did not follow the standard procedure while setting the swing and should have done more security checks. Marc has spent 2 weeks in the hospital and has spent USD 30,000 as medical fees, while Jen has spent 3 weeks at the hospital and her parents had to pay USD 35,000 as medical fees. Questions 2: Issue 2: 2.1 Could Sparkles Co. be held liable for the damages caused to Marc based on tort law? Please specify based on which type of tort. 2.2 Could E Dreams be held liable for the damages caused to Jen based on tort of negligence? Rule: Must be completed by the students Rule 2.1 Read p. 132-133 Types of Torts Guided by the textbook, students much identify which type of tort is relevant in this situation. Rule 2.2 Read p. 142-143 Elements of Negligence Guided by the textbook, students must define strict liability. In addition, students must also define and explain the elements of negligence as a Tort. Application: Must be completed by the students Application 2.1 Students must apply all the elements and conditions of type of tort identified to the specific case of Sparkle Co. Application 2.2 Students should apply the elements of tort of negligence to the specific case of E Dreams. Conclusion: Must be completed by the students Students must conclude by giving their opinion based on legal rules answering all the questions mentioned in Issue 2