Contract and Tort Law

You must answer both parts of this question.

Part A

Natalia considers herself to be a very good neighbour. Alex, who lives next door to her, is a bachelor who spends all of his holidays on overseas trips. Natalia keeps an eye on his house, although Alex has never specifically made this request of her. She also collects his mail. When Alex comes home from his holidays he goes next door and collects his mail and usually gives Natalia a little gift for her trouble.

One particular holiday, there is a terrible hail storm and several of Alex’s windows are broken. Natalia is concerned that the premises are insecure, so she has the windows repaired at her own expense. When Alex returns he refuses to reimburse her, claiming she had no authority to effect the repairs.

Advise Natalia.

Part B

Michael is a barman working at a local hotel. Michael’s boss has made it clear to him that he is expected to eject unruly patrons. One night Helen arrives with a group of friends. The girls have been out all night and are very intoxicated. Helen’s friends dare her to go behind the bar and give Michael a kiss. Helen accepts the dare but is then ejected from the hotel by Michael. As she is removed she slips on an ice cube and hits her head, causing brain damage. Helen sues Michael who claims that he was simply acting as the licensee’s agent.

Ignoring all other issues (e.g. the use of force and tort law)advise Michael about his claim that he was only an agent.

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