Weighting: Instructions: Analyze the following case problem.
Weighting: This assignment is worth 1596 of the final mark.
Instructions: Analyze the following case problem. Your answer should take the form of a memo, addressed to your client, Peter, which examines his legal position.
A detailed explanation will be approximately 2000 words in length. Remember that you need to demonstrate to me that you understand the legal principles involved – don’t take shortcuts! Research beyond the text is not necessary but, if undertaken, must be noted in a bibliography. Any cases to which you refer must be properly cited. All quotations must be footnoted.
Case Problem:
Peter had laser eye surgery in the hope of improving his vision. After the surgery, Peter made his way home alone even though his
eyesight was very blurry. Unknown to Peter, city workers were excavating King Street, which was just around the corner from the eye clinic, in order to repair a sewer pipe.
The workers had left for their coffee break and had placed a barrier around the hole. Because of his blurry vision, Peter did not see the barrier as he was focusing on what was straight ahead and at eye level. Thus the barrier which was intended to alert pedestrians to the hole became a real hazard to Peter. Indeed, he tumbled over the barrier, fell into the hole, broke his wrist and lost his vision entirely.
Peter has now sought your legal advice.
Explain to Peter the nature of any legal action he might undertake.
Who should he consider suing?
What must he be able to prove in order to succeed in a lawsuit?
What remedy would he be seeking?
What is involved in a lawsuit?
Be sure to include and explain every step which would be involved in a successful action even if you think that a lawsuit by Peter would fail. You must fully explore all the issues in order to demonstrate your understanding of the legal issues involved.