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BLO2207: Carolyn Popovski & Gary Jones - Eadie’s claim | Employment Law Assessment Answers
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Internal Code: 1IDCJ
Topic: Employment Law Assignment
QUESTION: Carolyn Popovski is a mobile motor mechanic. She owns her own tools for work, and her own work truck and other equipment. As she is a ‘mobile’ mechanic, she does not have her own workshop where she does the work. She advertises her registered business. She earns income by providing mechanic services to various regular clients and some new clients from time-to-time. A long-time friend of Carolyn’s, Gary Jones, asked Carolyn if she would give his car a minor service. Gary was short of cash because he had recently had a spell of bad luck financially. However, he needed his car serviced. What he said to Carolyn was: ‘If you give my car a minor service tomorrow, I will let you stay at my holiday house at Port Fairy for a week this summer, at no cost to you’. Carolyn thought this was great and so she said she would service his car the next day as he required. As it turns out, Gary’s car was a very old Holden that had some specific peculiarities that had to be taken into account when it was serviced. Gary had an upholstery business in his workshop at his house, and he decided it would be best if the car service was performed there. Also due to the peculiarities of the car, when Carolyn was doing the work, Gary was supervising her the whole time, instructing her what to do, and what order to do it in. They had some difficulties with the job and it turned out to be more complicated than either of them had imagined. When the servicing was nearly finished, Gary was so thrilled, and since he was gasping for a drink, he wondered out with a bottle of champagne to celebrate what they had achieved so far. Carolyn was thirsty as well, so she gulped down three glasses in ten minutes. Then, Carolyn told Gary that she needed some more specialist oil to finish the servicing. Gary was a bit worried about Carolyn driving after drinking, so he wheeled in his mountain bike and suggested that she ride that to the service station to get the specialist oil. Carolyn was a bit overexcited cycling down the hill, and she knocked over Eadie Cassidy. Eadie is an elderly lady, and she suffered a broken hip. She had to be taken away in an ambulance and have a hip replacement operation. She incurred $15,000 in medical expenses. Eadie has informed Gary that she might sue him in a civil action, to recover those costs. TASK: You are a qualified lawyer who specialises in employment law. Gary has heard how good you are at your job, and so he has come to you for advice. GARY wants you to provide him with advice, in the form of a letter which may follow the IRAC style of answer that we have practiced in class. Gary wants descriptions of the laws that he can understand. What he needs to know is:- What areas of law(s) are relevant ie what are the legal issues at a high level?
- Are there any legal issues that must be considered for each area of relevant law? What needs to be proven for Eadie’s claim (in each area of law) to be successful?
- Use subheadings as you step through each area
- What legal cases, as precedents, that spell out those areas of law are relevant?
- There is no need to refer to statutory law/legislation here, just use common law as it is stated in the case law and as we have studied it in class and also as it is stated in the prescribed text book.
- As result of analyzing these points, can Eadie sue Gary to recover the $15,000?
- Will Eadie be successful?
- Explain why you think so.