Brad’s house had an explosion leading to a fire that caused damages to his house and his neighbour, Tom’s. Tom and Brad are making claims that both have a legal basis. Tom chooses to hold Brad and Katherine, the firefighter, liable for damages. Meanwhile, Brad, who claims that there is no responsibility of his for the fire, believes that someone must compensate him for his loss as well as Tom’s. Brad is making his legal claims against Patrick and his employer, A-1 Furnaces Limited, and the City. Taking a look at each claim separately as there are many subsections of the claim, there is Tom v. Brad, the main claim, Tom v. Katharine, Tom through Brad v. Patrick & A-1 Furnaces Limited, and Tom though Brad v. The City.
Tom v. Brad Tom is taking legal action against Brad for a fire that spread to his house. The two parties would be Brad and Tom. Looking at the duty of care, Tom was not physically harmed and Tom himself kept the firewood beside his house. Although the might be neighbours, it is still not significantly close of a relationship where Brad could foresee that carelessness on his part might cause harm to Tom and his property. With that being the case, Brad’s
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Brad, Tom shall receive 90% of the financial help to fix the damage to his home from Brad. Tom also need to pay the fine for not abiding to the bylaw of the City. Brad should receive a payment from the City, Patrick and A-1 Furnaces Limited. But in the end, Tom will be receiving portions of those payments from Brad due to the fact that he was the one that caused the fire to start by not turning the stove off. Tom should take contributory damages because he was negligent on placing insurance on his house, and also because he was unaware of the bylaw of storing his firewood. Brad receives damages because of improper installation of the gas furnace valve and the city not completing the inspection, but due to the fact that he left the oven on, not full damages shall be