Legal Advice for Delightful Developers

Negligence Claim and Case Law

You are advising the founders (Dad and Daughter Delightful) of a new business “Delightful Developers”. They have asked you to advise them about their following concerns:

1.You are advising Dad Delightful:
?He accepted a lift to site in Careless Carl’s van. They were both late for a meeting.
?Careless Carl drove well above the speed limit, skidded and crashed into a wall.
?Dad Delightful was injured but it was made worse because he was not wearing his seat belt. Including reference to case law, advise Dad Delightful about a possible negligence claim against Careless Carl.

2.The founders are planning to buy a freehold plot of land to develop with money borrowed from a bank. Delightful Developers are worried that others may continue to have rights over their property.With reference to case law, explain the following:
a.a mortgage;
b.easements;
c.restrictive covenants; and
d.adverse possession.

3.The founders are worried about the consequences of being in breach of contract. Advise Delightful Developers of the basic elements required for the formation of a contract and the basis on which damages for breach of contract are calculated. The founders are considering trading in partnership or forming a company. With reference to the relevant legislation, explain the key features of a partnership and a company. Conclude, with reasons, whether Delightful Developers should trade as a partnership or as a company.