Question
Umberto has been training a new mechanic, Fernando, in his Auto Mechanic's business. Umberto thinks Fernando is almost ready to fix the customers' cars independently.
Umberto has been training a new mechanic, Fernando, in his Auto Mechanic's business. Umberto thinks Fernando is almost ready to fix the customers' cars independently. Fernando and Umberto arrange for a small group of Fernando's Mini-Cooper Racing Club to come and get their vehicles fixed at his Mechanic business. The Mini-Cooper Racing Club members bring their Mini-Cooper cars for Fernando to examine and repair the race on Sunday. The Mini-Cooper Racing Club members (4 in total) get their vehicles to the shop on Saturday afternoon when the business is ordinarily closed. The Club members all give Fernando the keys to their cars. Then, they sit and start to enjoy some beers and some pizza. Umberto explains to his fellow club members that Fernando will take care of all the repairs without supervision. Fernando starts to work on the Mini-Coopers. At a certain point, he needs to drive a Mini-Cooper and put it on the hydraulic lift. However, he realises the Mini-Cooper is a "stick shift", and he has never learned to drive Manual Transmission. Confident in his driving abilities, Fernando turns on the car but fails to step on the clutch. The car surges forward and pins Michael to the wall, crushing his hands with the car's bumper. Eventually, they manage to roll the car back and free Michael. In the hospital's waiting room, they are waiting to hear news of Michael's operation. Fernando knows that Michael was in town to play a piano concert. The piano concert had sold over 500 tickets, and Michael was paid $15,000 for the show. Also, Michael was booked for seminars discussing the later compositions of Beethoven in the following week. However, due to the injuries caused by the Mini-Cooper crushing his hands against the wall, Michael cannot play the piano and to depressed to present any seminars. Fernando is feeling terrible about what happened. Additionally, he is very disappointed that Michael will not be able to play the concert or deliver Beethoven's lectures. Fernando had purchased tickets to the show and one of the lectures and was very excited to attend.
Has Fernando breached his duty of care?
(b) (10 Marks) Please include in your answer consideration of whether or not Fernando owed a lower duty of care to the guests due to his inexperience.
(c) (15 Marks) Can Michael claim any damages from Fernando or Umberto?
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