Comlaw 101

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ComLaw 101 Negligence

Michael Pokemon

Hem , who is an accountant, co-owns a 25 foot pleasure-craft, Radha. His co-owner, Frank, a semi-retired architect uses the boat during the week, leaving Hem to have the use of it in the weekends. After a stressful week in the office, Hem enjoys nothing more than to get up early in the weekend and get out on the water. Last weekend, Hem noticed that the mechanical steering on the Radha “felt a little heavy and unresponsive at times”. He is not mechanically-minded and later decides that the steering is “probably OK”, but that he will mention it to Frank, who is far more knowledgeable about such matters. Hem mentions it to Frank when they happen to meet that Sunday evening at a local restaurant. Frank tells Hem that he thinks he is coming down with the flu and that he is unlikely to use the boat during that week. The following weekend, Hem takes the boat out. He has had a very busy week at the office and has forgotten all about the steering issue with the boat. He has only just got the Radha underway, when the steering is completely lost. Hem loses control and the Radha crashes into a luxury yacht which is coming in to berth. Miguel, who is at the helm of the luxury yacht, has not noticed the Radha approaching. Miguel loses control of the yacht, which then crashes into a third boat. There is significant damage to the Radha, to the yacht and to the third boat. Hem uses his cell phone to call Frank and shouts, “I thought you were going to look at the steering! I’ve now crashed the boat!” REQUIRED: Hem wants to know whether he is liable for any of the losses suffered. He also wants to know whether there are any liability rests on Frank and/or Miguel. Advise Hem. TEN FARKEN MARKS! BLOODY BIG QUESTION HUH?

SIMPLE GUIDE IN ANSWERING THIS QUESTION
First you flush your head down the toilet. 1) What is the legal issue in this question and who are the defendants and the plaintiffs? (1 Mark) The issue is one of negligence. The...
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