LW204: Torts Law II Tutorial and Online Discussion Forum 6 (Week 7)

Martha and her husband, Stewart, moved to Pacifica in 2015 after they both retired. They invested their retirement savings into a luxury apartment complex (named Malolo Luxury Apartments) which is located in the city centre. Martha and Stewart's apartment complex has ten three-bedroom apartments which proved popular amongst the members of high society in Pacifica. All of the apartments were leased within two days of being advertised and there is a waiting list with over two hundred and fifty names on it. June and August move into Martha and Stewart's apartments in June 2021. Although they are both employed full-time by the Government, June and August decide to start a gift business in July 2021. Inspired by their beautiful home, the ladies name the business: Malolo Gifts. Malolo Gifts was the first gift shop to open in Pacifica and quickly built a local customer base. The most popular gift item was the handmade soy candles, which were made by June and August in their apartment. To meet the high demand for gifts, June and August transformed one of the bedrooms in their apartment into a gift workshop. They stored large quantities of flammable candle-making supplies in the room, which included: soy wax, vials of fragrance, candle wicks, jars and electric machinery to make and label the candles. June and August made candles every night in their apartment; the fragrance from the candles would waft from their apartment into the surrounding area. Martha and Stewart found out about Malolo Gifts from their friend, Snoopy. "Guys, I love the new gift business! The gifts I bought from there was absolute perfection! Way to expand your exclusive Malolo brand!" raved Snoopy. Martha and Stewart later discovered that June and August are operating their business out of their rented apartment and had named the gift business after the apartment complex. Ava, who is another Malolo tenant and June and August's neighbour, often suffers from headaches as a result of the overwhelming fragrances used by June and August when making the soy candles. Since Ava's bedroom is adjacent to the gift workshop in June and August's apartment, she could also hear June and August packing orders late into the night. On 11 November 2021, a fire started in the gift workshop. The fire quickly grew as all of the flammable materials in the gift workshop ignited. The fire soon spread to Ava's bedroom and caused severe property damage.

Question: Using IRAC, advise the relevant parties of all tort actions that may be brought. Your answers must be supported with relevant case law