Question: Daniel operates a tree - lopping business as a sole trader. He has been hired by Kate to come and remove six trees from her
Daniel operates a treelopping business as a sole trader. He has been hired by Kate to come and remove six trees from her backyard as she is worried that when the next big storm comes some of the branches might fall on her house or into the neighbours yards.On May Daniel comes to assess the trees and provides a quote to Kate of $ which she accepts. The next week he brings his truck full of equipment as well as his trusted assistant Yvette, to start the job.Before he starts cutting any of the trees down he decides to go and speak to the nextdoor neighbours.The neighbour on the southside is home and Daniel explains that he will be cutting down some trees and that there is a risk that one of the branches could land in their backyard. The owner of the house, Jackie, says that she appreciates the warning and will now go and move the table and chairs which are sitting in the middle of the yard so they dont get damaged. The neighbour on the northside is not home so Daniel decides to just be extra careful with the trees close to their yard.At pm Daniel starts cutting the trees down. During the afternoon the following mishaps occur:By pm the wind has picked up but Yvette decides to continue work. One of the branches he cuts blows onto the roof of Kates house and smashes one of her newly installed solar panels. At pm Daniel cuts a branch that blows into the neighbour's yard on the southern side and damages the table and chairs which were still sitting in the middle of the yard. When Jackie hears the crash of the branch she realises she had forgotten to move the table and chairs. She runs out the back to assess the damage but while she is out there part of the branch that hit Kates solar panels blows off the roof and into Jackies yard striking her on the arm leaving a large cut that requires stiches. Kate is unhappy to discover that her newly installed solar panels have been badly damaged. However, Kate, who is at home with her three kids during the school holidays suffers a further mishap of her own as follows:Kate has recently taken an interest in landscape gardening and to this end, has decided to refurbish her front and back yards. To this end, she sets out to dig trenches in her front and back yards, each cm deep and m wide trench, which is a distance of some metres.This being a home project, Kate thought it unnecessary to put up any barriers or signage in the front and backyards.Kate was busy with her gardening when she heard her kids screaming in the backyard. She dropped her tools and ran to the backyard to check out the commotion.In the interim while Kate was in the backyard, Barbara, a salesperson from a solar power company, had been door knocking down Kates street and approached Kates gate. Barbara had just switched her mobile telephone on and was reading a number of SMS messages that had been sent through from her sales team. About half an hour before, Barbara had consumed a half a bottle of wine with her lunch at a local pub as she was feeling stressed about her managers email indicating she had not met her targets for the month.Barbara was very engrossed in checking her messages when she opened Kates front gate and stepped into his yard. Barbara tripped over Kates shovel which was lying on the ground, and fell into the trench on her back, causing serious spinal injury. Kate came running out to the scene and said, Im terribly sorry. Ill call another ambulance for you. Barbara has had to undergo spinal surgery and is unable to work for months as a result of her injury in addition to being hospitalised and seeking ongoing physiotherapy. aNow consider the following case study and answer the question at the end of this case study:Kates husband, Jeremy was a developer who was keen to buy particular land in the Glenhurst region. He contacted the Local Council and enquired whether the land would potentially be affected by any Council roadwidening proposals in the next two years. A Council representative who was new to the job stated that there was no such proposals when in fact, there was one which would affect the abovementioned land. Jeremy purchased the land only to discover there was a roadwidening proposal which lowered the value of the property and prevented the proposed redevelopment, which incurred him further heavy losses.Jeremy felt terrible about his unfortunate losses as a developer and decided to meet up with his best friend Tim a week later, for a drink at their local pub. Jeremy decided to seek Tims expertise being an Investment Advisor on whether an upcoming company Red Brick Street Ltd a company specialising in the sale of display homes had good prospects.Tim had done research on the company in line with the Investment Advisors Professional Standards Manual. However, he had missed a recent article about homes sold by Red Bricks having asbestos which had not been safely removed which had caused recent litigation lawsuits and resulted in the government advising the community not to purchase these homes until further investigations were done.Tim had prepared investment advice advising Jeremy that it would be a worthwhile investment, however subject to the disclaimer below.General advice and information onlyAny advice and information on this website is general only, and has been prepared without taking into account your particular circumstances and needs nor political or legal factors. Before acting on any advice on this website you should assess or seek further advice on whether it is appropriate for your needs, financial situation and investment objectives by consulting independent advisers in the particular jurisdiction you wish to invest inAdvise Jeremy under Tort Law whether he is likely to be successful in suing the Local Council and Tim for his losses.Remember: Your arguments must all be fully supported with relevant case law.
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