Question 4: (15 marks) Trevor is a qualified Landscape Gardener and Level Five Arborist, who has...
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Question 4: (15 marks) Trevor is a qualified Landscape Gardener and Level Five Arborist, who has been short of work recently. He lives in Buderim and decides to use his spare time to replace the gravel path from his front gate to his front door with a wide concrete track. To this end, he digs a 30 cm deep and 1.5 metre wide trench from his low front picket gate to his house, which is a distance of some 15 metres. His front yard is piled with dirt and the tools he is using but these are obscured from view by the bushy Australian native plants in the yard. Anna is a Census Taker employed by the Australian Bureau of Statistics. One weekday afternoon, Trevor had just finished digging the trench. He was about to tie the gate shut when the telephone, inside his house, rang. Trevor dropped everything and ran to answer it. Minutes later Anna, who had been canvassing Trevor's street, approached Trevor's gate along the footpath. Anna had just switched her mobile telephone on and was reading a number of SMS messages that were stored. About a half an hour before, Anna had consumed a half a bottle of wine with her lunch at a local tavern. Anna was intently checking her messages when she opened the catch on Trevor's front gate and stepped into his yard. Anna fell forward into the trench and badly broke her shoulder. Trevor came running out to the scene and said, "I'm terribly sorry. I'll call an ambulance." Anna fully recovered after a month. However, she did not return to paid employment. Advise Anna as to her case for negligence against Trevor. A Question 5: (15 marks) James had a new house built. By March the building work was completed, and James decided to have the garden landscaped. He contracted Lovely Gardens Pty Ltd. (LG), a specialist landscape gardening firm, and arranged for an inspection and quotation from Mr Davis, a manager in his area. Mr Davis told James he had recently designed a garden in that suburb so was familiar with the local soil composition. Because it contained more clay than usual, the garden would need to have a special soil mix laid over the clay before anything would grow satisfactorily. Mr Davis said the special soil mix was available only through LG, and that it had been developed after a lot of research to get the formula properly balanced. James later entered into a written contract with LG and the landscaping was done. Within a month, James noticed that most of the plants were looking sick and some had already died. He thought perhaps the soil mix was wrong so had it checked by a horticultural expert, who reported that the fertilizer content was much too high, and that was why the plants were dying. The garden would only be cured by digging out all the soil, laying new and properly balanced soil, so basically redoing the landscaping. James then checked the contract with LG and discovered the terms and conditions die not include and reference to the soil and its composition. There was no mention at all of the special soil mix Mr Davis had recommended. Advise James of all the possible and reasonable legal arguments which could be advanced for him, giving full legal reasons for your answer. Question 4: (15 marks) Trevor is a qualified Landscape Gardener and Level Five Arborist, who has been short of work recently. He lives in Buderim and decides to use his spare time to replace the gravel path from his front gate to his front door with a wide concrete track. To this end, he digs a 30 cm deep and 1.5 metre wide trench from his low front picket gate to his house, which is a distance of some 15 metres. His front yard is piled with dirt and the tools he is using but these are obscured from view by the bushy Australian native plants in the yard. Anna is a Census Taker employed by the Australian Bureau of Statistics. One weekday afternoon, Trevor had just finished digging the trench. He was about to tie the gate shut when the telephone, inside his house, rang. Trevor dropped everything and ran to answer it. Minutes later Anna, who had been canvassing Trevor's street, approached Trevor's gate along the footpath. Anna had just switched her mobile telephone on and was reading a number of SMS messages that were stored. About a half an hour before, Anna had consumed a half a bottle of wine with her lunch at a local tavern. Anna was intently checking her messages when she opened the catch on Trevor's front gate and stepped into his yard. Anna fell forward into the trench and badly broke her shoulder. Trevor came running out to the scene and said, "I'm terribly sorry. I'll call an ambulance." Anna fully recovered after a month. However, she did not return to paid employment. Advise Anna as to her case for negligence against Trevor. A Question 5: (15 marks) James had a new house built. By March the building work was completed, and James decided to have the garden landscaped. He contracted Lovely Gardens Pty Ltd. (LG), a specialist landscape gardening firm, and arranged for an inspection and quotation from Mr Davis, a manager in his area. Mr Davis told James he had recently designed a garden in that suburb so was familiar with the local soil composition. Because it contained more clay than usual, the garden would need to have a special soil mix laid over the clay before anything would grow satisfactorily. Mr Davis said the special soil mix was available only through LG, and that it had been developed after a lot of research to get the formula properly balanced. James later entered into a written contract with LG and the landscaping was done. Within a month, James noticed that most of the plants were looking sick and some had already died. He thought perhaps the soil mix was wrong so had it checked by a horticultural expert, who reported that the fertilizer content was much too high, and that was why the plants were dying. The garden would only be cured by digging out all the soil, laying new and properly balanced soil, so basically redoing the landscaping. James then checked the contract with LG and discovered the terms and conditions die not include and reference to the soil and its composition. There was no mention at all of the special soil mix Mr Davis had recommended. Advise James of all the possible and reasonable legal arguments which could be advanced for him, giving full legal reasons for your answer.
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4 Anna would have a case for negligence against Trevor if she could prove that he was negligent in failing to properly secure his gate which resulted ... View the full answer
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Fundamentals of Cost Accounting
ISBN: 978-0077398194
3rd Edition
Authors: William Lanen, Shannon Anderson, Michael Maher
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