One morning after a violent storm, Scarlett, the owner of a house in mountainous countryside, noticed a large boulder which had come to rest against a tree on her property. It was in such a position that if the tree gave way, the boulder would be likely to roll on down the side of the mountain into Terry's house on an adjoining property. Scarlett did nothing about the boulder and in another storm, two days later, the sapling was struck by lightning and the boulder was dislodged.

It rolled down the mountain, unexpectedly missing Terry's house but demolishing a shed alongside it. The shed contained a collection of antique motorcycles which were smashed beyond recognition. As it proceeded on down the hill the boulder struck a rocky outcrop setting off sparks which ignited grass nearby. The fire spread, burning down Terry's house.

It turns out the planning officer mixed up Scarlett's request with another property and the building is actually zoned residential with a one-off special use permit provided to operate a pop-up café. It now looks unlikely that Scarlett would ever be able to operate a cat grooming business in this building.

Advise Terry on whether she can bring an action against Scarlett for negligence.

Answer rating: 100% (QA)

If Terry wants to bring a legal action against Scarlett for negligence they would generally need to ... View the full answer