this is a law and business assignment
Katharine should all have some liability. Brad claims that he has done nothing among, he had never met Erica, and someone must also compensate him for his loss. Furthermore, Brad maintains that Erica's loss is her own fault since she had not arranged insurance coverage. Rguired: Examine the legal basis for the claims of Erica and Brad, the parties they should include in the legal action, the issues that will be raised and the likely result. Be certain to explain and discuss the application of the principles of negligence. Part 2 Erica contacts Fire Restoration Services Limited ("FRS") and Speedy Home Repair Ltd. ("Speedy") to obtain repair estimates. Each company sends a representative to inspect the damage. On December 18m Erica nds 2 written estimates in her mailbox. The rst item FRS reads \"Estimated cost to repair all damage $33,000.00. Estimate good for 7 days." The second estimate from Speedy reads "Total cost of repairs - $27,000.00. Immediate reply required." Erica had been more impressed with the FRS representative and hoped to have them do the repairs. The price di'erence was, however, signicant. Erica sent emails to both companies at the email addresses provided with the estimate. The emails were sent at 8:00 pm. on December 18th. To FRS Erica wrote: "Your price seems high. Could you re-examine your estimate and lower the price. I have another quote for $27,000.00." To Speedy she wrote: "I am seriously considering your offer. Please keep open for 5 days.\" Speedy did not respond. On December 19th FRS responded by email as follows: \"We regret to advise that we cannot reduce our price." 011 December 23rd at ?:00 p.m., Erica made her decision opting for the lower price. She sent an email to Speedy as follows: \"I accept your offer. How soon can the work be completed?" The email was \"received\" by Speedy at 9:00 am. on December 24\""h when their computers were turned on when their oice opene but was not opened or read until 9:30 am. Earlier on 2 December 24th (at 9:00 am.) the representative at Speedy had sent the following email to Erica: "Yesterday we accepted another job and therefore will not be able to complete your work. Thank you for considering Speedy. " Erica opened the email from Speedy at 9:25 am. and immediately called Speedy claiming that there was a valid contract. Speedy refused to do the work On December 25th, Erica decided that she had no choice but to hire FRS at the higher price. At 1 1:00 am. she sent an email as follows: "I accept your o'er at $33,000.00. Please start as soon as possible after Boxing Day." The email was received and opened by FRS on December 27th. FRS responded: "We are sorry to advise that we are unable to accept your offer. We would be prepared to complete the job for $45,000.00. Material and labour is in short supply." Erica commences an action against both FRS and Speedy for breach of contract. Regnired: Examine the issues that will be raised by the parties, the applicable principles and the likely result of the litigation. Question 1 Erica lived 4 houses down the street om Brad. On December 15th there was an explosion at Brad's house. The resulting re totally destroyed Brad's house and spread to Erica's house when a spark om the explosion landed in a pile of rewood stacked next to Erica's family room. The Fire Department managed to extinguish the re at Erica's house with minor damage to the exterior. However, the force of the water from the re hose broke Erica's family room windows, which resulted in signicant water damage to the interior of the house. Erica had neglected to place insurance on her house. The Fire Marshall subsequently inspected the scene and has determined the following: 1. Natural gas had \"leaked" from an improperly installed furnace valve in Brad's house and collected in the basement. The Ontario Building Code requires that all furnaces be installed by a licensed gas tter. The nnace was installed by Patrick who worked for Al Furnaces Limited on December 1. Patrick had taken and passed all required courses to become a licensed gas tter, but did not pay the fee to the Gas Fitters Association for the issuance of a license. The Building Department of the City of St. Catharines had not completed a nal inapection of the installation of the nnace. Although Brad had requested the inspection, the building inspector indicated their department was very busy and that they would contact him some time in January to arrange a time for the inspection. The City's bylaw prohibited the storage of rewood adjacent to dwellings to prevent problems with rodents. Erica was not aware of the bylaw. Katharine, a reghter with the City of St. Catharines, had attempted to extinguish the re in the wood pile by pointing the re hose directly at the smoking wood pile. As a result of the pressure, the wood scattered, hitting the family room window. Katharine subsequently soaked the inside of the family room to ensure there were no burning embers. The preferred re ghting technique would have been to direct the water along the side of the house between the house and woodpile to separate the burning wood from the house and therefore avoid any signicant damage to the house. Erica wishes to connnence an action against Brad (since the re originated and spread from his house) and any other person who may be liable. She thinks Patrick, Al Furnaces, the City and
