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Good evening,
I am studying a module in Law and have come across some coursework - regarding Negligence and ADR. Any cases or answers in a nutshell to see if they match mines would be appreciated.
The scenario is
Augeas Developments (Augeas) engaged Chiron and Partners (Chiron) to market land available on its development site. Chiron engaged Geryon Signs (Geryon), a newly established company, to design and erect large marketing hoardings on the site boundary advertising the land available for sale. During the course of erecting the signs Geryon damages an electrical cable serving the fully equipped marketing suite provided by Augeas for the use of Chiron's staff. The resulting loss of power to the marketing suite damages its IT equipment. When the power supply is restored one of the refrigerators in the marketing suite's kitchen short circuits which in turn causes a short-lived but exceptionally intense fire that results in the destruction of the kitchen. The ferocity of the fire is due to the kitchen containing that day a large quantity of paper napkins and Styrofoam insulated food containers brought in by Chiron for a marketing event in the evening.
Augeas wishes to claim against both Chiron and Geryon for the losses it has suffered. Augea's solicitors have advised it that the court sees litigation as a last resort and expects the parties to consider whether negotiation or some other form of alternative dispute resolution (ADR) might enable them to settle their dispute without commencing proceedings. Augeas is in favour of this as it does not wish the publicity of court proceedings.
The 2 questions are:
1. Advise Augeus what it will need to prove to make a successful claim in the tort of negligence against Chiron and Geryon for the damage to the IT equipment and kitchen noting any issues that might result in its claims being unsuccessful.
2. Advise Augeus as to its options for ADR, other than negotiation, and recommend what you believe to be the most appropriate method for Augeus to use to settle its claims with both Chiron and Geryon.
Thanks for your input.. really hoping I answered right!
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I am studying a module in Law and have come across some coursework - regarding Negligence and ADR. Any cases or answers in a nutshell to see if they match mines would be appreciated.
The scenario is
Augeas Developments (Augeas) engaged Chiron and Partners (Chiron) to market land available on its development site. Chiron engaged Geryon Signs (Geryon), a newly established company, to design and erect large marketing hoardings on the site boundary advertising the land available for sale. During the course of erecting the signs Geryon damages an electrical cable serving the fully equipped marketing suite provided by Augeas for the use of Chiron's staff. The resulting loss of power to the marketing suite damages its IT equipment. When the power supply is restored one of the refrigerators in the marketing suite's kitchen short circuits which in turn causes a short-lived but exceptionally intense fire that results in the destruction of the kitchen. The ferocity of the fire is due to the kitchen containing that day a large quantity of paper napkins and Styrofoam insulated food containers brought in by Chiron for a marketing event in the evening.
Augeas wishes to claim against both Chiron and Geryon for the losses it has suffered. Augea's solicitors have advised it that the court sees litigation as a last resort and expects the parties to consider whether negotiation or some other form of alternative dispute resolution (ADR) might enable them to settle their dispute without commencing proceedings. Augeas is in favour of this as it does not wish the publicity of court proceedings.
The 2 questions are:
1. Advise Augeus what it will need to prove to make a successful claim in the tort of negligence against Chiron and Geryon for the damage to the IT equipment and kitchen noting any issues that might result in its claims being unsuccessful.
2. Advise Augeus as to its options for ADR, other than negotiation, and recommend what you believe to be the most appropriate method for Augeus to use to settle its claims with both Chiron and Geryon.
Thanks for your input.. really hoping I answered right!
*
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