Skip to content
Menu
Timeless College
  • Alex Cavazzoni
  • Art Classes Near Me
  • AWS Training in Virginia
  • Bad Influence On Children
  • BROWZ safety compliance
  • Clarence McClendon
  • Digital Marketing Consultancy Kelowna
  • Freedom of speech on social media
  • Https://timelesscollege.xyz/
  • Https://timelesscollege.xyz/ – Timelesscollege.xyz
  • Https://www.timelesscollege.xyz/
  • Https://www.timelesscollege.xyz/ – Timelesscollege.xyz
  • In Home Tutoring
  • Integrated Atpl
  • Jewish Intimacy
  • Learn to play guitar online
  • Online Baseball Hitting Trainer
  • Prince George School
  • Quickbooks Classes
  • Sample Page
  • Schreibwettbewerb
  • STOCKS CRYPTO FOREX Trading
  • Timeless College
  • Timeless College – Timelesscollege.xyz
  • Timelesscollege.xyz/
  • Timelesscollege.xyz/ – Timelesscollege.xyz
  • Training as a Pilot
  • Website Creation Atlanta
Timeless College
Expert Duct Clean v Cardamom Curry House Ltd

Expert Duct Clean v Cardamom Curry House Ltd

November 23, 2021 by B3ln4iNmum

Question:

This assignment question is for moot, need it be argumentive. when referencing case you don’t have to explain the case details just a short rule explanation.

Expert Duct Clean Limited v Cardamom Curry House Limited (2021) 

You act for the Appellant, Expert Duct Clean Limited (EDC).  The history of this matter is set out below.

Cardamom Curry House Ltd (CCH) owns and runs an Indian restaurant in Braintree, Essex called the Cardamom Curry House.  The restaurant seats up to 80 diners and has had a thriving trade since opening.  

The kitchen is located in the basement of the property and contains a charcoal oven and numerous frying machines which produce a lot of grease. The charcoal oven is heated by burning charcoal, which can emit small burning embers that are usually harmless.  

The ceiling of the kitchen contains extractor fans which lead to a series of ventilation air ducts, which need to be deep cleaned every 6 months by a specialist cleaning company. As a result, CHH engaged the services of EDC. In order to perform a deep clean, two EDC staff are needed as there is specialist equipment that needs to be held by two people.

On 1 March 2021, Graham and Callum, two of EDC’s duct cleaning staff, were scheduled to come to the restaurant to perform a deep clean. However, Callum, was unwell and could not come to work. Graham carried out the work alone but was unable to do a deep clean. He did a basic clean only, leaving lots of grease in the extractors and ventilation ducts.

A week later, during the busy lunch rush, significant amounts of grease from the extractors and ventilation ducts dripped down onto the kitchen floor.  The staff were unaware of the grease, which slid across the floor and over to the charcoal tandoor area.  The grease then mixed with pieces of cleaning tissue that the kitchen staff had dropped on the floor.  The usual sparks from the charcoal oven spat over the floor, however they ignited the oily tissue which caused a fire in the kitchen. The fire spread through the kitchen and into the building, causing substantial fire damage to the property.  No one was injured in the fire.

Previous Hearings

The trial judge found that EDC were liable in negligence and held that damages for CHH’s property damage was recoverable, applying Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560 (CA).

Moot point 

The Appellant, EDC, now appeals to the Court of Appeal on the following grounds:

That the damage to CHH’s property was not caused by the Appellant, nor was it foreseeable (and thus too remote). As such, damages to CHH’s property are not recoverable from the Appellant.

The Appellant has already conceded that, if the court holds that the damage to the property was caused by the Appellant, and that it was foreseeable, liability will be established.

tag Read less
  • Assignment status: Already Solved By Our Experts
  • (USA, AUS, UK & CA PhD. Writers)
  • CLICK HERE TO GET A PROFESSIONAL WRITER TO WORK ON THIS PAPER AND OTHER SIMILAR PAPERS, GET A NON PLAGIARIZED PAPER FROM OUR EXPERTS
QUALITY: 100% ORIGINAL PAPER – NO PLAGIARISM – CUSTOM PAPER

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recent Posts

  • For each short study description below, indicate whether you think it would have been conducted in.. – Essay Blazers
  • Institution goods – Essay Blazers
  • SHORT-TERM FINANCING AND OPTIONS CONTRACT – Essay Blazers
  • Biopsychosocial – Essay Blazers
  • Discussion Question – Essay Blazers

Recent Comments

  • A WordPress Commenter on Hello world!

Archives

  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021

Categories

  • Uncategorized

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org
©2022 Timeless College | Powered by WordPress and Superb Themes!