Case Study 2:

ZeeHome took a new project, building a school, in a new geographical area. The company (ZeeHome) was designated as a consultant on the project with the main task of supervising the work of the contractor. To operate as a consultant, the senior engineers of ZeeHome needed to perform site inspection on a regular basis.

ZeeHome management insisted on taking on the consultancy project without making sure that they have the capacity to fulfil their obligations. In fact, during that period, ZeeHome was overloaded and had eight other important projects under process and all ZeeHome senior engineers were already assigned tasks to their full capacity. Consequently, ZeeHome could not dispatch a team of senior engineers to proceed with the inspection visits on a regular basis. Moreover, the few inspection visits that have taken were made by fresh graduated engineers who were still under training.

The school building was completed on time and the school started its educational activities. More than 500 children were attending that school on daily basis. However, after a first heavy rain, and while one of the children, Ben, was playing, the wall of the playground has collapsed over him. Little Ben was heavily injured. He stayed at the hospital for 3 weeks and his parents had to pay $ 20,000 as medical fees. After initial investigations, it turned out that the contractor did not follow the standard procedure in building that school and that ZeeHome could have known that if more inspection visits were made or if the engineers inspecting had more experience.

ZeeHome received another bad news. In fact, in addition to their construction work, ZeeHome manufactures prefabricated houses that are suitable for agricultural fields. It turned out that the rain has also affected several newly prefabricated houses. The owner of these houses informed ZeeHome that the houses have flooded and are asking ZeeHome to repair the damages caused by the flooding estimated at USD 200,000. ZeeHome replied back that it was proven that ZeeHome did not make any fault in manufacturing these houses and therefore they will not repair.

--------------------------------------

Issue 2:

2.1 Based on which type of tort ZeeHome could be held liable for the damages caused to the owners of the prefabricated houses because of the flooding? Please explain your answer.

Rule 2.1: Identify which type of tort is relevant in this situation.

Application 2.1: Apply all the elements and conditions of type of tort identified to the specific case of ZeeHome and the owner the prefabricated houses.

----------------------------------------

2.2 Could ZeeHome be held liable for the damages caused to Ben based on tort of negligence? Please explain your answer considering the different conditions of Tort of negligence.

Rule 2.2: Define strict liability. In addition, define and explain the elements of negligence as a Tort.

Application 2.2: Apply the elements of tort of negligence to the specific case of ZeeHome and Ben injuries.

------------------------------------------

Conclusion:

Conclude by giving your opinion based on legal rules answering all the questions mentioned in Issue 2.