Question
The Jeffersonshire Mycology Management Board (JMMB) is a statutory body tasked with monitoring the presence of mushrooms and other fungal growth within Jeffersonshire. Upon identifying
The Jeffersonshire Mycology Management Board (JMMB) is a statutory body tasked with monitoring the presence of mushrooms and other fungal growth within Jeffersonshire. Upon identifying irregular increased fungal growth, the JMMB has the statutory power, and is statutorily obliged, to send JMMB employees to take active measures to reduce that fungal growth by using the chemical compound K-ILL, although there was no prescribed time limit within which the JMMB must perform this role.
Mario owns a horse-riding school and surrounding forest land in Jeffersonshire. JMMB identified the presence of irregular increased fungal growth on Mario's land. After arriving on Mario's land, Dave, a JMMB employee, incorrectly used the chemical compound GRO- WTH instead of K-ILL. This, instead of reducing the fungal growth, further exacerbated it, which made Mario's land unsafe for the horses. JMMB informed Mario that some of the mushrooms were known to be poisonous and lethal to horses if consumed. Mario was also told to keep his horses in their stable until the situation was resolved. However, Mario did not follow JMMB's advice and continued to allow his horses to roam and forage the land freely. Three of Mario's horses ate some of the poisonous mushrooms and unfortunately died as a result: this loss is valued at 50,000. It took three more months before JMMB was able to control the fungal growth level on Mario's land. Mario has a rare medicalcondition which meant that he suffered personal injury after inhaling the mushroom spores. Mario incurred 20,000 in medical expenses as a result. A healthy person would not have suffered any personal injury from inhaling the spores, despite the increased fungal growth.
Luigi owns an 18th Century Georgian mansion in Jeffersonshire. There was also irregular increased fungal growth on Luigi's land. However, JMMB did not identify this and did not send any employees to reduce this fungal growth on Luigi's land. Luigi had to pay 10,000 and hire a private company to remove the increased fungal growth on his land.
Wario owns a motorcycle store in downtown Jefferson, Jeffersonshire. Irregular increased fungal growth was identified on Wario's land, and JMMB correctly notified Wario and sent employees to use K-ILL to address the issue. The chemical compound K-ILL was used. However, Francois, a JMMB employee, damaged one of Wario's prized motorcycles when leaving the store. Wario spent 3,000 repairing the motorcycle to its original state.
Advise Mario, Luigi, and Wario as to possible claims in negligence against JMMB.
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