Legal Complaint against Esme and John

Students Should Identify Any Named Legal Source Clearly. If Legal Sources Are Used, Please State Concisely Why They Are Relevant To The Client’s Position. a Full Bibliography Of All Sources Used Should Be Attached To The Letter.

London E14 5AA, United Kingdom

Selby Blunt

Apartment 45, Unit 2,

Canary Wharf, London

Dear Mr. Selby,

I hope you have well. Recently you wrote to us that you have a legitimate complaint against Esme Smart and John Angry. As you have described it, you have entered into John’s land without permission and fell down a hole on the land. The hole involved in your fall was hidden by brambles and was just off the main path. You had left the path because you were interested in an adjacent car that looked like it was undergoing repairs. You were not wearing your varifocal glasses which you use for driving at the material time.  You have suffered a severe injury to your knee as a result of the fall, and you were off work for three months. You have incurred pain and suffering plus loss of earnings of £3000 net as a result of the accident.

Esme has said she did supply a map to all her guests that clearly demarcated the boundary between her land and that owned by John. But you cannot recall Esme providing a plan, but it was not obvious to you that you were straying onto private land where you had your fall. You had gone through a gate to access the land, but there was nothing to signify it was private or subject to restricted entry. You could not recall smelling or seeing smoke while staying at Esme’s guesthouse. You did recall Esme complaining about her annoying ‘car mechanic’ neighbor. Now you have refused to pay Esme for your stay at her guest house. Particularly, you have asked for advice on your decision of refusal to pay to Esme under the situations. After researching the problem, and on the basis of the facts, I consider that a court will likely conclude that there were no written contractual terms between you and Esme in relation to the cost of accommodation at the guest house.

You have mentioned to me that as per Esme, she has provided a plan to every paying guest with and shows them where they can walk safely without trespassing on John’s land. On the other hand, John feels that Esme has changed the nature and use of the neighboring land. He objected to the change of use application but felt he was ignored when the local authority granted permission for the guest house business. Esme sends him frequent written notes complaining about his cars and the burning of rubbish. She has also taken to the local newspaper to complain about his activities. He just wants to be left alone so he can live as he has always done. He feels that it is Esme that is forcing a change in the local environment. John considers that he has done enough to make the demarcation of his land clear. All areas are surrounded by a wire fence or by wooden gates. He has placed warning signs at the end where most trespassing occurs. You have asked for the opinion of this law firm whether you can have a legitimate complaint against Esme and John.

Lodging a Legal Complaint against Esme and John

Under these facts, as you are approaching to have a legitimate complaint against Esme and John, the court would consider some points. Since there were no contractual terms between you and Esme for staying in her guest house and any personal injury or loss, so the court would consider that there was no contract between you and Esme. On the other hand, you have entered the land of John without any permission and has fallen on the hole on your own fault without the presence of John or Esme. It is your fault, and they cannot be blamed for your physical injury and financial loss. The court would conclude that staying at the guest house was not an offer to enter into a contract, and your physical injury and financial damage does not create contractual responsibility of Esme.

Esme did not specify that any injury or loss while staying at her guest house will be liable to any legal matter. She did not promise to protect her guest in exchange for any contract or promise. Moreover, before going to an unknown land, you must have asked Esme about the land and if any risks are involved or not. While staying into John’s land and that even without permission, you must have noticed any danger sign around the land. Since you have gone to stay in her guest house in your own will and not forced to stay in it and both Esme and John were not directly responsible for your physical injury and financial loss, in that case, the decision may go in favor of Esme and John, and you are bound to pay to Esme for staying in the guest house of Esme.

On the other hand, the court may charge Esme for her negligence, not following her duties and taking care of her guest. Under this circumstance, the court will likely to apply the Law of Torts under which the offence of negligence would be applicable in your case. It states that the duty of care is owed by the negligent individual to the sufferer. It also include breaching of the duty of care, causality that is the loss triggered by the negligent party and damage or injury that took place. The offender in negligence action should owe a legal duty of care to you. The offender should have broken the duty of care lawfully levied on them.  After establishing the breaching of the legitimate duty of care, it has to be shown that directly or indirectly, the loss and personal injury has taken place. There should be some direct or indirect personal injury and financial loss. Under this law, there are two significant solutions; one is injunction and damage. You are applicable to the solution of damage since it can provide compensation to you for your losses. You would be liable under general damage for compensating for your emotional distress and suffering as well as pain. All these aspects are applicable in your case, and so you can sue Esme and John on the basis of this law.

Application of the Law of Torts

The second consideration in your case is Restitution for Wrongs. The Law of Restitution for Wrongs states to a solution where an advantage could be taken away from the defendant who has committed a tort, breaching of contract, duty or confidence. In your case, it can be applicable to Esme, where she must not be given the payment for staying in her guest house. John must be taken away the right to use his land to burn the rubbish that is causing issues to his neighbor Esme and the guests of her guest house. In your case, both Esme and John commits a wrong against you, and you can sue with regards to the wrong. Both would be responsible for paying compensation to you. If you seek compensation, then the award of the court would be measured by reference to the loss which you have suffered from the wrongful acts of both Esme and John. But you are also liable to restitution instead of compensation. It would your interest in doing so if the advantage which both Esme and John have made by their wrongful actions are more significant than the losses suffered by you.

Applying these laws to both Esme and John supports the fact they are indirectly responsible for causing physical injury and financial loss to you. Esme has broken the duty of care to you as her guest/ although there were no written contractual terms between you and Esme, but Esme was responsible for taking care of you as her guest. Moreover, she must have warned you of the land of John when she knows the risks involved with the land.  To sum up, on the basis of the facts as I have narrated in this letter, I consider that the court will conclude that you are liable to lodge a legal complain on both Esme and John on the basis of Law of Torts and Restitution for Wrongs, even though there was no contract between you and Esme for staying in her guest house.

I hope it has been helpful and will be happy to talk over further with you on this case. Kindly call freely if you have any question or if you like to fix a time for the meeting.

Thanks

Salomons LLP

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