Buster owns an old beach bungalow that needs a number of repairs. All of the plu
ID: 393823 • Letter: B
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. SINCE BUSTER DOES NOT HAVE A JOB OR ANY OTHER ASSETS OUTSIDE HIS HOME, AND HE STILL OWES TOBIAS MONEY THAT HE PROMISED TO PAY FOR THE WORK DONE BY THEM, THEY COULD COME IN THE POSSESSION OF HIS ASSET IE THE HOUSE AS A COMPENSATION FOR THE WORK DONE BY TOBIAS
THEY COULD HAVE THE OWNERSHIP OF THE HOUSE TILL BUSTER PAYS BACK WHAT HE OWES TO TOBIAS SINCE HALF OF THE TOTAL AMOUNT HAS ALREADY BEEN PAID TO TOBIAS AND THE LATTER WAS PROMISED, SO THEY LEGALLY CAN KEEP THE OWNERSHIP OF THE HOUSE AS COLLATERAL
2. THERE IS NO LEGAL CLAIM HERE ACCORDING TO ME, BECAUSE BUSTER ON HIS OWN ACCORD FIRED THE LANDSCAPERS AND WITH HIS OWN SOUND MIND PICKED UP THE LAWNMOWER OVER HIS HEAD , ALL THIS DONE WITH A SOUND MIND AND WITHOUT ANY INFLUENCE OF ANYTHING - TO SIMPLY PUT HE DID THIS TO HIMSELF AND THERE IS NO OTHER PARTY THAT HE COULD SUE (IN THIS SITUATION)
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.