Question

Anya enters into a contract with a local electrical company to install ceiling fans throughout her home. Unfortunately the electrician did not correctly attach the lounge room fan causing it to fall onto Anya’s coffee table on which sat a sculpture that she had purchased for $3,000. The sculpture was damaged beyond repair. She seeks your advice as to whether she would be successful if she sued the electrical company for a breach of contract even though the written contract contained no term relating to the proper installation of the fans.

a)    State the issue you need to consider. (1mark)

b)    State the relevant legal rule relating to this problem. (1 mark)

c)    State the main case related to this problem. (1 mark)

d)         Based on this information, will Anya win if she sues the electrical company for breach of contract? What is your answer – yes? or no? Explain your answer.

Answer 1

(i) The issue is to consider whether the company that undertook the contract to install fans at Anya's home was responsible for the incident of fan falling down on to the table below and causing damages.

(ii) The legal rule here is the tort of negligence in installation of fans which caused the damages.

(iii) The company installing the fan had a legal duty towards its customers, for their well being  which it breached by acting negligently while installing the fans, and it failed to exercise due care while doing the job, despite knowing the consequeces of wrong installation. The company ( owing to the act of its representative) is liable for negligence.

(iv) Yes. Anya will win because it is a case of prima facie negligence in installtion where the company's representative did not take due care while installing the fan, which led to its fall and subsequent damages. The damages are proximate cause of negligence, which makes the company liable. There is no need to be a written clause about it, because the expected service standards are implied in nature