The potential plaintiffs in this problem are Brian, Cindy, Dalton, and Fred, who may bring an action in negligence against Andy. Dalton may also bring an action in negligence against Gordon.In order to bring a successful claim, the plaintiff must satisfy the elements of negligence: that a duty of care existed, that that duty was breached, and that damage resulted. If successful, they may be awarded damages. Andy could potentially argue a defence of ‘volenti non fit injuria’.In...
The first legal principle that I am going to address is whether the term within the contract is a condition. Furthermore, I will discuss whether there was in fact a breach of contract on behalf of Peter, including the remedies for breaching the contract.Firstly, Peter had agreed to enter into a three-year contract with ‘Yachts-R-Us'. This suggests that he was aware of the condition that he must survey all of the yachts and to provide a certificate of seaworthiness at least once a year....