Mr Choden is an entrepreneur based in Auckland. He owns several businesses and invests in other business opportunities.

One of his interests is Trio Ltd (Trio) an Auckland based building company that Mr Choden has invested in. Trio is involved in constructing a ten-storey building in the city. One of the senior builders on Trios construction team, Joseph, has been involved in an accident. As he was discussing last weekends rugby game with his assistant, Bill, on the top level of the building, a brick he was holding slipped out of his hand and hit a mobile crane owned by Flamingos Limited (Flamingos) that was working on road repairs next to the construction site. The brick smashed the windscreen of the crane and damaged the cab. The operator was so surprised by the bricks entry into his cab that he jerked the controls of the crane, causing it to release its load onto a passing car owned by Jane, this in turn causing extensive damage to her car and breaking Janes arm. Mr Choden is not sure who will be liable in this situation.

QUESTION ONE: (15 marks. 540 words maximum)

Discuss whether Trio is liable in tort to Flamingo and/or Jane.