Rose and John are neighbors and have a strong relationship of trust and faith. Rose has not taken any leave in the last two years and is feeling mentally exhausted, so they decided to take a couple of months off from work and go for an adventurous vacation. She discussed her plan with John and asked if John could take care of her house in her absence, she will have a peace of mind and can freely go for a vacation. John agreed to take care of her house in her absence. Before leaving, Rose shared her emergency contact details with John but also requested not to share the details with anyone else, so that her privacy is maintained.

Within a week of Rose leaving for vacation, a thunderstorm hit the area, damaging the roof of her house, with more possibility of showers in the coming days. John immediately arranged a contractor and get the roof fixed to prevent further damage (no attempt was made to contact Rose). When Rose returned, John handed over the repair bill to Rose. Rose got surprised to see the repair bill and refused to pay as she was out of money and argued that she never authorised John to repair her house in her absence.

Required:

Advise the parties as to their rights and liabilities under the situation (who is more likely to be held liable to pay and why?). Clearly explain as to why or why not John can be treated as an agent to Rose? (10 marks)

Note: Remember to include all the rules applicable to the given situation and one precedent to support your decision.