mid term case study

1 )Ray and Rayetta were on a camping vacation in Maine . They had reservations for themselves and their car on a ferry from Bar Harbor Maine to Nova Scotia . Because they had their two mountain bikes mounted upright on a roof rack on their car , they had to use a special line including motor homes , vans and other high vehicles . Upon loading onto the ferry , all of these high pro vehicles used the rightmost of the six parallel lanes on the auto deck of the ferry . When the drivers returned to their cars

upon reaching Nova Scotia , they were directed off the ferry by ferry employees . The driver of the motor home immediately in front of their car had not returned by the time all of the cars from other lanes had exited . After waiting for another 10 minutes , one of the ferry employees motioned Ray and Rayetta to turn to the left into the next lane rather than wait for the motor home to move . Ray and Rayetta followed the employee 's hand signals , but unfortunately their bikes s truck a low clearance pipe and the frames of both bikes were destroyed Discuss the issues and outcome of their lawsuit against the ferry company

THIS IS A BREACH OF CONTRACT -- CONTRACT OF CARRIAGE

The main issue in controversy is : Whether or not the ferry company is liable for the damages on the bikes owned by Ray and Rayetta , which the latter loaded on board the ferry . The facts in the case would show that Ray and Rayetta were guided by one of the ferry employees when they tried to move past the vehicle in front of their automobile . In maneuvering their car , the couple relied on the hand signals motioned by the ferry employee . The ferry employee , however , failed to notice the low clearance pipe . As a result , the bikes , which were mounted on top of the couple 's car , hit the pipe . The frames of both bikes were destroyed . By mere oversight , the ferry employee failed to take proper precautions when he motioned to Ray and Rayetta to make a turn . Since the ferry employee was performing within the scope his duties , the negligence of the ferry employee can be imputed to the ferry company in view of the employer-employee relationship between the two Accordingly , the ferry company is vicariously liable for the destroyed bikes because its employee , in the exercise of its functions , failed to exercise utmost diligence when it assisted Ray and Rayetta in maneuvering their automobile

Being engaged in the business of carrying goods and transporting passengers , and offering their services to the public , the ferry company is bound to exercise extraordinary diligence as far as human care and foresight can provide . Failure on their part to do so raises the presumption of negligence , which will then give rise to a breach of contract of carriage

3 ) Bob runs a factory that makes ladies ' clothing . Bob needs a certain type of silk sold by...