Question
Mrs. Rusholme hired Saunders and Watts Ltd. to refinish the floors in a few rooms of the Red Deer, Alberta, home that she and her
Mrs. Rusholme hired Saunders and Watts Ltd. to refinish the floors in a few rooms of the Red Deer, Alberta, home that she and her husband owned. She informed Mr. Saunders that she and her husband would be on vacation and that she would give her neighbour, who lives next door, a key for the employees. She requested Saunders to give her neighbour the key so she could close the windows after the floors were dry and to leave the windows half open for ventilation. The Rusholmes' residence had gas service. A gas stove with a pilot light (a small flame that is always on and will ignite the burners or oven when the burners or oven are turned on) was one of the appliances.
DANGER-FLAMMABLE Avoid smoking. There must be sufficient outdoor ventilation. Furnaces, all pilot lights, spark-producing switches, etc. must all be removed from working areas or places close to them. Steer clear of prolonged vapour inhalation. Put on a cartridge-vapor mask. Before saturation, replace the cartridge.
After finishing their work, Saunders and Watts talked about what they should do with the windows and doors they had left open to let the vapour go. Saunders thought back to a case he had recently read about in the papers, when repairmen who had left doors open after they had finished their work had been held responsible for damages when burglars had broken in and taken priceless items. Then, the two men locked all of the doors.
Eight hours after Saunders and Watts left, there was an explosion in the house that left it severely damaged. The Rusholmes were shocked to learn that they had neglected to renew their fire insurance policy, which had expired just a few days before they departed on vacation, when they returned home from their holiday to find their house in ruins.
The Rusholmes filed a claim for damages against Standard Household Products Ltd. and the law firm of Saunders and Watts Ltd.
Since the Rusholmes have hired you as their attorney, give them advice on what unintended tort would probably serve as the foundation of their claim and what they must prove in order to prevail. Please be prepared for any defences that
please write about 700 words or more.
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