Nathan v. Strata Council

1. Nathan lived with his wife Sarah in a condominium that he owned. One night Sarah took the car out to go meet her friends for dinner and told Nathan that she would be home late. It was a hot July evening and Nathan went to bed with the windows open. Nathan woke up when you heard the sound of two cars hitting each other outside his building and when he heard someone say "I think it's Sarah she's been hit". He quickly woke up and put some clothes on. He ran downstairs because he was concerned and ran out the front steps of the condominium. One of the steps had a large crack in it and this crack had existed for a month. There was a sign at the bottom of the stairs posted saying "Be careful! Crack in stair. Use caution." In his haste to run down the steps to see if Sarah indeed was involved in a car crash, Nathan put his foot in the crack and broke his ankle and fell down the stairs. It turned out Sarah had been hit but was not injured and the other party was not responsible as Sarah had been texting and the police gave her a fine. The other motorist was absolved of any blame. Nathan has approached you for advice. On what grounds can Nathan sue the strata Council of the condominium development where he owns his condo?Identify the legal issue(s) in this case (2 marks).
2. What rule(s) of law will apply in this case (1 mark).
3. Develop arguments for Nathan, applying the rule(s) of law to the facts (2 marks).
4. Develop arguments for the Strata Council, applying the rule(s) of law to the facts (2 marks).
5. Who will win the lawsuit? Give a reason for your answer (1 mark bonus).