Question
Your client Percival Adorandis has a boat. He keeps it at the local pier and pays a fee for this service. Last week, a fire
Your client Percival Adorandis has a boat. He keeps it at the local pier and pays a fee for this service. Last week, a fire broke out on the neighbouring boat. It spread to his boat, and damaged the engine beyond repair. It will cost $100,00.00 to repair the boat.
Percival heard several rumours about the fire. The first was that the company who runs the pier service "Pier Security Service Extra Careful Inc." did not have anyone on duty that night. This is contrary to the service contract. In addition, the fire extinguishers on the pier were not properly serviced and did not work. Percival's neighbour Carina Oswegohad been previously warned that she was not allowed to use a deep fat fryer on her boat. That night, other boat owners smelled the delicious aroma of French fries shortly before the fire broke out. Percival came to "Perfect Paralegals Service" to find out what his options are.
- If Percival "abandons the excess", this means:
- That he will not seek costs from the other side if he wins;
- That he will split his claim and file three separate lawsuits, each for $35,000.00, to be heard at the same time;
- He will instruct his paralegal to minimize the costs;
- He chooses to seek a maximum of $35,000.00 in damages in Small Claims Court because the legal costs in the higher level court would reduce his recovery.
- Percival's neighbour Carina Oswego is a potential:
- Tortfeasor;
- Defendant;
- Witness;
- All of the above.
- The first step Percival's paralegal should take is:
- Issuing a Statement of Claim;
- Serving a Plaintiff's Claim;
- Sending a demand letter to Pier Security Service Extra Careful Inc.;
- Issuing a Plaintiff's Claim.
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