Tanya was a tenant who rented the top floor of a house owned by Kirvan. Another tenant rented the apartment on the ground floor. The two suites had separate entrances, with Tanya's entrance leading to a set of stairs.

Dyson, a vacuum salesman, telephoned Tanya and arranged to visit her apartment on Friday and to show off his company's latest vacuum cleaner model. When he entered the building, Dyson found the staircase light was out of order. He attempted to climb the stairs in the dark and tripped on a loose step, breaking his arm. Tanya knew about the faulty light and the loose step but had not thought to warn Dyson. However, she had texted Kirvan about both defects earlier that evening, and he agreed to fix them on Monday.

Parties

Issue

Law

Analysis

Remedy