Philip Laws rented an apartment from Candice Sutton. Laws had notified Sutton on
ID: 1208131 • Letter: P
Question
Philip Laws rented an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on in order to avoid portions of the steps that would no longer bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave the lights on during his absence. When he returned three nights later Laws was injured when one of the steps broke under his weight as he was entering his apratment. Laws sued Sutton. Sutton replied that she should not bear full responsibility for Laws' injury, as Laws knew of the condition of the steps, and had not taken the customary precaution of lighting the area.
a. You be the jury. How do you decide?
b. Discuss the applicable law(s) and then apply the law(s) to the material facts in the problem. In discussing the law, describe each element of the law and the facts that apply to each element. Include a discussion of any possible defenses.
Explanation / Answer
a) If I were the jury then I would hold Sutton partly responsible for the injury that Laws had to undergo. This is because before first, Laws had well recognised the problem and had warned Sutton about the broken steps which would at any time cause injury to Sutton. Second, when Laws was on his business trip, Sutton had promised him that he would soon repair the steps and therefore Laws did not leave the apartment lights opened. Therefore, Laws had safely assumed that Sutton would make the repairs. However, one should not forget that when one assesses a situation according to the law there has to be legal binding or a contract but in this Laws had not entered into a contract with Sutton to make the repairs. Therefore, Laws cannot fully blame Sutton. Therefore, both are to be held responsible.