Discuss the below in detail:
Question 1
Donald goes shopping at a gardening shop, Plant Haven, for some strawberry plants for his garden. He is reaching for strawberry plants on a shelf when a forklift truck being driven by Hillary comes quickly around the corner and strikes Donald. Hillary is driving the forklift much too fast and doesn't see Donald. Plant Haven's policy, which Hillary knows, is that forklifts must be driven slowly at all times in the customer area of the shop to prevent accidents. Donald's back is hurt in the accident and he has $1,500 in medical expenses. Donald is a tennis player. His bad back also means that he misses a tennis tournament the next day where the top prize is $3,000. Donald seeks your advice on the legal issues. Do NOT discuss contract law.
a) Does Donald have a case against Hillary and / or Plant Haven in negligence? If so, explain why.
b) What is the amount of damages Donald is entitled to claim? Why?
c) Would it have made a difference if Donald had not been in the customer area of the shop when he was struck by the forklift truck, but had instead walked past a "No entry, employees only" sign into the loading dock out the back of the shop, and had been looking down at his phone when he was struck by the forklift? Why?
Question 2
ruce hosts a barbeque at his house one Sunday with his friends. At the barbeque, Bruce tells one of his friends Alfred, who is a plumber, about the problems Bruce is having with his garden irrigation system. No matter how many times Bruce tries to fix it, the pipe keeps bursting and the tap keeps leaking. Alfred is keen to help and he says he can fix the pipe and tap for Bruce. Bruce is delighted and says he will call him on Monday to discuss.
•The next day, Monday, Alfred doesn't have much work to do, so he tries to call Bruce, but he gets no answer. Alfred then goes over to Bruce's house and fixes the pipe which was bursting. Bruce is at work and doesn't know Alfred did this.
•8pm Monday night Bruce emails Alfred, and he asks Alfred to fix the pipe and tap for him and asks how much it would cost.
•9am Tuesday, Alfred emails Bruce back saying he can fix the tap for $150. Alfred doesn't mention that he had already fixed the pipe.
•1pm Tuesday Bruce replies to Alfred's email, saying "That will be fine. Please fix ASAP as there is water going everywhere in my back garden."
•Alfred fixes the tap on Wednesday morning and sends a bill to Bruce for $300, which details that it is $150 for fixing the pipe and $150 for fixing the tap. Bruce seeks your advice as to the legal issues.
a) Is there a contract between Bruce and Alfred? Explain your reasoning with reference to all elements required to form a contract.
b) If there is a contract, citing authority, explain when the contract was formed.
c) What are the terms of the contract, and how much does Bruce have to pay Alfred?