Problem
Fact Scenario:
Marco built a backyard patio, and he just purchased a new gas barbecue from The Grill Company. Marco and his son put the barbecue together and hooked up the gas line. They invited their friends over for a barbecue dinner, but when Marco put the burgers on the grill, there was a hissing sound and an explosion. Luckily no one was hurt, but Marco's new wood patio furniture was completely destroyed by the resulting fire. Later, Marco did some online research and learned that the ignition switch on the barbecue may have been defective.
Task
A. If Marco wanted to sue The Grill Company, what tort would he sue for?
B. What does Marco need to prove in order to succeed in this lawsuit? Explain each element of the tort and explain how each tort element would apply to Marco's claim.
C. Marco and his son did not spend a lot of time reading the instruction manual that came with the barbeque and did not notice the warning in the manual that gas barbeques should not be placed within 5 metres of any wooden furniture. Marco had placed his new table and chairs only 2 metres from the barbecue. Does this information change the outcome of Marco's lawsuit? Explain your answer.
D. Instead of the faulty ignition switch, assume the following facts:
Marco paid The Grill Company to send an employee, Ray, to assemble the barbecue at Marco's home. When Ray was installing the barbecue, he did not adjust the flow of gas properly, so that too much gas flowed into the barbecue, causing the explosion. Who is liable in this situation? Explain the legal principle that you are using?