Johnny regularly engages Ian to clean his pool. One day Ian parks his van in the driveway in front of Johnny's double garage, which as usual is closed and locked while Johnny is at work. While Ian is cleaning the pool at the back of the house, a sudden hailstorm causes damage to Ian's van. Ian insists that Johnny compensate him for the damage to the van, since it occurred while Ian was on Johnny's property, and would not have happened if Johnny had left the garage door open for him. Should Johnny be compelled to compensate Ian?

Discuss the likely success of Ian satisfying the first two elements of a negligence claim: duty of care and breach of duty.

Below is a suggested structure for your response:

If Ian wishes to sue Johnny in negligence, then Ian would have to establish all essential elements of a negligence claim. In this case, we are asked to focus on the first two elements: duty of care and breach of duty.

Issue: The first element of negligence is duty of care. Therefore, the first issue to determine is whether Johnny owes Ian a duty of care?

Law:

Application:

Conclusion:

Issue: The second element of negligence is breach of duty. Therefore, the second issue to consider is whether Johnny has breached his duty of care?

Law:

Application:

Conclusion: