Law Assignment



Law Assignment

Memo to Andrew Payne

Payne & Fear LLP

20 High Street,

Wolverhampton,

West Midlands,

WV1 1LY

To:Andrew Payne

From:Trainee Solicitor

CC:

Date:2/23/2013

Re:Mrs. Stephenson

Subject: Relevant Law and Recent Developments

With reference to your memo regarding Negligence Claim dated 27/06/2012 I have conducted a thorough research in the areas concerning the case of Mrs Stephenson. The first section of this memo comprises of a review of the case suggested for reference and the second section is the application on the case of your client. My findings are mentioned below:

The case of Perry v Harris [2008]:

The issues:

The case discussed the children's supervision when playing in an inflated castle commonly referred to as 'bouncy castle'. The main issue is that whether supervision level of children was sufficient or not.

The facts:

The plaintiff was born in the year 1994 and was a minor. The 1st and 2nd defendants were wife and husband, who arranged an event on 10th September, 2005. This event was a birthday party of the 10th birthday of their triplets. The couple hired a bungee run and bouncy castle and placed then behind their house within the playing field that was open to the public. Mr. Harris father of the plaintiff was the 3rd defendant and had arranged a routine session of football training on the same day as of the birthday party, this session was for the adolescent in the same playing field. There were a total of 15 youngsters who attended the football session and the plaintiff was one of them.

At about 12pm, when the training session ended, the plaintiff arrived at the bouncy castle and got gravely injured after colliding with another youngster, this youngster was performing a somersault on the bouncy castle. Few parents even attended the training session. Among those parent was the Mrs. Clayton who was the mother of Liberty. Liberty was invited by Mrs. Perry who watched over the bungee run and bouncy castle. After obtaining permission to play from Mrs. Clayton her daughter Liberty went to play on it. Luke and Beau, Mrs. Clayton's two sons after the training session of football ended joined Liberty. Simon Spicer a friend of the plaintiff requested Mr. Harris (his father) that as this was a private party therefore, it is not possible for them to play, hence, gave them a football to play with. In spite of this both went on to the bouncy castle and requested Mrs. Perry if they could play too. The plaintiff's case was that Mrs. Perry allowed them, whereas, Mrs. Perry said that she did not allowed them. Nonetheless, the boys went on the bounce castle after which the accident took place as Simon did a somersault.

The Decision:

After reviewing the case, the probability was that the permission had been given by Mrs. Perry. As far as supervision is concerned she was there throughout the event, but had to look after both the bouncy castle and the bungee run. Therefore, maintain a permanent watch on both bungee run and bouncy castle was not ...