The following approach should be followed in a case analysis:

• provide a brief summary of the facts
• identify the legal issues
• explain the legal principles
• apply the legal principles to the facts - facts are an essential part of the case
• reach a conclusion - your analysis in reaching that conclusion. Your analysis is everything!

ASSIGNMENT

Posh Inc. is an upscale spa located in a rural area outside of St. John's. They pride themselves on the highest level of comfort and serenity. Their fees are higher than other similar spas in the area because of their superior service. They are highly dependent on a steady supply of pristine water in order to operate. In fact, they get their water from a well that is fed by a beautiful river flowing behind the property.

Quarry Corp. started developing some land upstream from Posh Inc. 3 months ago. They have been blasting rock and digging deep holes in preparation for building a major meat processing operation. Customers at Posh Inc. have started to notice strange smells from its pools and Jacuzzis. It is so bad that some customers say they will not return until it is fixed. Posh Inc. learns that the reason for the change in the water is the ongoing blasting and digging being done by Quarry Inc. Quarry Inc. advises that this work will be ongoing for up to a year. Experts say that there is no way to fix the water problem until the digging stops. After the digging is done, it will cost $10,000 for Quarry Corp. to fix it. Quarry Corp. does not want to spend this money. Posh Inc. is ready to sue! It's already lost 20% of its revenue.

Posh's other neighbor is a farmer named Hamilton who raises chickens on a large scale. The baby chicks require a continuous supply of oxygen to survive and the necessary equipment for that purpose is connected to the electric power supplied to the farm. Hamilton had installed an auxiliary battery-operated power generator in the barn to be available as an emergency back-up. He also had a battery-operated power failure detector installed in his bedroom so that if the power in the farmhouse failed, a warning signal would alert him to the potential danger of loss of power to his operation.

Jack is a driver employed by Quarry Corp. While driving the company's tractor-trailer on a night run, Jack allowed the vehicle to wander onto the shoulder of the road where the upper part struck overhead wires. As a result, the electric power service in the area was interrupted for a period of five hours. The interruption extinguished the supply of oxygen to Hamilton's barn and several thousand chickens died. Unfortunately, Hamilton had temporarily disconnected the alarm detector in his bedroom, so, on the one occasion he needed it, it was not in operation. Hamilton later found out that 40 to 50 percent of chicken breeders used power failure detectors.

Finally, Hamilton is so sad about his chickens that he decides he could use some spa time. He waits until night and breaks into Posh Inc. Posh Inc. has been sanitizing its tubs in hopes of improving the water quality using some very harsh chemicals. Hamilton spends a lovely hour in the tub, but when he gets out he is very itchy and has a terrible rash all over his body. It's so bad that he has to take time off work to recover. The staff at Posh Inc. find him in the morning. He broke the window and damaged a tub!

QUESTIONS

Using your superior knowledge of the law, advise Posh Inc., Quarry Corp., Hamilton, and Jack of what if any claims they may have. What kinds of damages will they seek?

Consider who has the claim and who they can bring the claim against? Are there any defenses?

Who will be successful if these actions go to court?

Ensure that you provide citations of any quoted material.