Case Scenario 1: Josh and Akesh
1. Josh and Akesh were in a bar together and both had a few too many alcoholic beverages. They discussed Josh selling Akesh his son’s ACURA (that he bought for him) because he was frustrated that his son. Trevor had decided to do another year of high school rather than going to university. They created an agreement on a bar napkin and Josh and Akesh signed with the bartender witnessing it. The agreement was that Josh would sell his son’s 2012 ACURA for $5000 ($2000 up front and the rest in $250 monthly installments) and that Akesh could pick it up in 2 weeks giving Josh time to let his son know he would no longer have a car.
In his drunken state, Josh had the year wrong and the car was actually a 2009 ACURA. The next day, Josh had no recollection of the conversation with Akesh. Two weeks later, Akesh showed up with $2000 ready to take the car. An argument ensued and Josh threatened to call the police for trespassing if Akesh did not get off his property.
When Trevor who was 17 years old discovered this situation he was furious and so Josh decided to go ahead with the contract because he did not like Trevor’s attitude. Josh accepted the $2000 and gave Akesh the car. Trevor changed his mind about university and Josh needed some money for tuition so he went to Rafeal and sold him the $3000 claim against Akesh for $2500.
Shortly after there was an issue with the car that was going to cost Akesh over $5000 to fix so he stopped paying for the car. Rafeal sued Akesh and Akesh then countersued Josh.
Explain the legal issues with each of these relationships (Trevor & Josh, Akesh & Josh, Rafeal & Josh, Akesh & Trevor) and what you think the result of this situation would be if it went to court.
2. Sarah lets her daughter Esme drive the family boat when she is in the boat with her. Esme has been driving the boat since she was 12 years old and is a very careful driver. On his 14th birthday, Esme was driving the boat and felt a bump and then heard screaming. Sarah was down below in the boat and came racing up to the main deck.
Juan, a scuba diver had been resurfacing in the water when hit by the boat. Juan had got disoriented in the water and came up very far from where his dive flag was. Juan’s arm was almost completely severed. Sarah and Esme got Juan in the boat, wrapped his arm tightly and sped to the marina after calling for an ambulance to meet them there.
When they got to the marina, Jeff and Karin (owners of the marina) helped move Juan off of the boat and accidentally dropped him on his head. When the ambulance arrived, they forgot to tell them about the head injury. By this time, Juan was unconscious.
Juan was admitted and examined by Dr. McDreamy. The doctor took Juan to surgery and reattached the arm but failed to notice that there was a head wound and that Juan had not regained consciousness. Because of this failure, Juan suffered a brain bleed that caused a permanent injury that made it impossible for him to work ever again. Juan’s family then sued Sarah, Esme, the owners of the marina, the marina, Dr. McDreamy, and the hospital for the injuries suffered.
Explain what torts have been committed by each party, the arguments that can be used in defence and the liability which will likely be imposed on each party.