Buster owns an old beach bungalow that needs a number of repairs. All of the plu

Question

Buster owns an old beach bungalow that needs a number of repairs. All of the plumbing in the house needs to be replaced, so he makes a deal with Tobias’ Plumbing Company to redo the plumbing for $20,000. Buster pays Tobias $10,000 up front to start the plumbing job. Even though Tobias’ Plumbing completes all of the plumbing work in a satisfactory manner, Buster does not have the $10,000 money to pay the balance due (he lost the money he was going to pay Tobias in a poker game). After losing all of his money, Buster has to fire his landscapers and start doing his own yard work. He goes outside to mow his lawn and then decides to trim his bushes. He has never done this before and rather than trimming his hedges with a pair of clippers, he lifts the lawnmower up over his head to trim the bushes. However, the lawnmower is very heavy and Buster loses his grip, dropping the lawnmower on himself. When Buster drops the mower, the blade guard pops off and the spinning blade hits Buster, causing major injuries. Buster and Tobias both come to you for legal advice, they want to know: (1) Assuming that Buster does not have a job or any other assets outside of his home, what, if anything, can Tobias’ do to recover the $10,000 that Buster owes him? (2) Buster wants to seek compensation for his injuries. What, if any, are his possible legal claims?

Explanation / Answer

1. Buster and Tobias must have got into a contract before the execution of the repairing services. As Buster is now incapable of paying the remaining money to Tobias, the terms and conditions specified in the contract need to be explored to see the provisions for payment. Buster has asset only in form of his house. The same can be mortgaged to pay for Tobias’ Plumbing Company.

2. If Buster wants to sue Tobias for his injury, he needs to prove that Tobias was negligent will delivering the services on his property. However this was not the case. Buster got injured, due to his own negligence and ignorance. Hence even if Buster claims for injury compensation, the claim will get dismissed on further investigation.

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