Question 1. - Carelessly Causing Harm (40 marks) - COMPULSORY Umberto has been training a new mechanic, Fernando, in his Auto Mechanic's business. Umberto thinks Fernando is almost ready to independently fix the customers' cars. Fernando and Umberto arrange for a small group of Fernando's Mini-Cooper Racing Club to come and get their cars fixed at his Mechanic business. The Mini-Cooper Racing Club members all bring their Mini-Cooper cars for Fernando to examine and repair for the race on Sunday. The Mini-Cooper Racing Club members (4 in total) bring their cars to the shop on Saturday afternoon when the business is ordinarily closed. The Club members all give Fernando the keys to their cars. Then, they sit and start to enjoy some beers and some pizza. Umberto explains to his fellow club members that Fernando will take care of all the repairs by himself, without supervision. Fernando starts to work on the Mini-Coopers. At a certain point, he needs to drive a Mini-Cooper and put it on the hydraulic lift. However, he realises the Mini-Cooper is a "stick shift" and he has never learned to drive Manual Transmission. Confident in his driving abilities, Fernando turns on the car but fails to step on the clutch. The car surges forward and pins Michael to the wall, crushing his hands with the car's bumper. Eventually, they manage to roll the car back and free Michael. In the hospital's waiting room, they are waiting to hear news of Michael's operation. Fernando knows that Michael was in town to play a piano concert. The piano concert had sold over 500 tickets and Michael was going to be paid $15,000 for the concert. Also, Michael was booked for seminars discussing the later compositions of Beethoven in the following week. However, due to the injuries caused by the Mini-Cooper crushing his hands against the wall, Michael is unable to play the piano and to depressed to present any seminars. Fernando is feeling terrible about what happened. Additionally, he is very disappointed that Michael will not be able to play the concert or to deliver the lectures on Beethoven. Fernando had purchased tickets to the concert as well as one of the lectures and was very excited to attend. (a) (15 Marks) Has Fernando breached his duty of care? (b) (10 Marks) Include in your answer consideration of whether or not Fernando owed a lower duty of care to the guests due to his inexperience. (c) (15 Marks) Can Michael claim any damages from Fernando or Umberto