Legal Advice for Ringo: Liability and Ownership Issues

Assessment Brief

You are instructed by Ringo who has been running a successful landscape and gardening business, called Elixir Gardens, as a sole trader.  He has come to you requiring advice on a couple of matters.

Ringo had been so involved with his Elixir Gardens, that he has neglected his own large garden. His son, Paul, was home for the weekend from university and offered to help his father by mowing the lawn at home in exchange for 10GBP. Ringo gratefully accepted Paul’s offer. Subsequently, Paul mowed the lawn as promised. However, Ringo thinks that Paul needs to learn some responsibility and ‘pull his weight’ more at home. He has refused to pay Paul.

On a separate matter, Ringo has decided that he wants to expand his business and allow two of his friends, John and Yoko, to buy into his business so that they can help him share the managerial responsibilities. They are all in agreement that they will each have an equal ownership of the business. Ringo, John and Yoko also want to recruit another landscape gardener, George, to work for them.

While working for the Elixir Gardens, George landscapes the garden of a longstanding customer of Ringo, called Jerry. There are lots of trees beside the Jerry’s conservatory which are blocking the sunlight into it. George decides to chop down the trees in the garden but is rushing to finish the job so that he can leave by 5pm. He forgets to measure the estimated fall of the trees and one falls on the conservatory, causing extensive damage to the customer’s roof.

With reference to relevant case law and legislation, consider the following questions in relation to the above scenario:

1. (a) Under the law of England and Wales, what is a contract and what are the requirements for a valid contract to be formed?

        (b) Would Ringo be liable to pay Paul based on the facts above?

2. In light of the facts above, discuss the criteria that Jerry (as the claimant) would need to satisfy in an action for negligence.
   
   
3. Identify the main business mediums available to Ringo and his friends John and Yoko and the advantages and disadvantages of each of these mediums.

4. Discuss why it is important for Ringo, John and Yoko to identify the correct employment status of any workers that they recruit for their business.