Question
Half-the-Cost Moving is in the business of moving large items of furniture. They have agreed to move a couch out of a loft apartment for
Half-the-Cost Moving is in the business of moving large items of furniture. They have agreed to move a couch out of a loft apartment for the apartment owner. This can only be done between 1:00 and 2:00 p.m. on the agreed upon day. On the day in question the traffic is particularly bad and the movers do not get to the apartment until 1:30. They run to the apartment and immediately rig the hoist to the couch and return to the street. There will be one employee in the apartment to guide the couch and three in the street to lower the couch by rope to the sidewalk. It will then be loaded in the van. There are generally a set of barricades and set up signs on the sidewalk to warn of the overhead work. Since they are short on time and the street isnt very busy, the movers decide to place orange cones on the curb at either end of the truck and leave it at that. Kevin Kleiner is walking along the sidewalk talking on his phone and texting his friends. As he passes under the couch, the rope on which it is suspended breaks and the couch falls, striking Kevin and causing him severe injuries to his head, neck and back. a. Can Kevin sue Half-the-Cost Moving for compensation for his injuries? Please provide a full (five step) analysis in support of your answer. (13 marks) b. Are there any special defences (i.e., a defence other than I am not negligent) available to Half-the-Cost? If so, which one and why is it available? (2 marks) c. List and describe three (3) types of damages that Kevin could claim for and give an example of the kind of losses that they would cover. (6 marks).
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