You are offered a Summer job at the Supreme Court of Jamaica library.
You are offered a Summer job at the Supreme Court of Jamaica library. While working in the library you see your favourite Caribbean Maritime University law lecturer. You offer to assist and your lecture. He informs you that his law firm does all the legal work for Chacha Bouye Resorts and shows you this E-mail from his client: Ms. Macca Spice Claimant Chacha Bouye First Defendant Pop Dong Second Defendant On April 15, 2022 at about 2:10 p.m. there was an accident along Half Way Tree Road in the parish of Saint Andrew. It involved motor car registered 6969 JO driven by Ms. Macca Spice, a Marketing and Entertainment Consultant, and a Toyota Coaster Bus, registered 9696 BJ, owned by Mr. Chacha Bouye owner of The Chacha Bouye Resorts and driven by Mr. Pop Dong, an independent contractor. Mr. Dong and Ma. Spice were both travelling along Half Way Tree in the same direction when Mr. Dong collided into the rear of Ms. Spice’s car when a White Toyota Probox that was infront of Ms. Spice stopped suddenly to pick up a passenger. On September 1, 2022, a letter was delivered to Chacha Bouye Resorts by Ma. Spice’s Attorney alleging that she sustained personal injuries, property damage and loss and expenses on account of the 2nd Defendant’s negligent operation of the 1at Defendant’s motor vehicle". She is seeking to recover damages for injuries sustained and damages to her motor vehicle. You are being asked to explain using Statute and case law: 1. What is Negligence? 2. Was the Claimant contributorily negligent? 3. What is vicarious liability? 4. Was the driver the servant or agent of the lat Defendant? 5. What does the law say about independent contractors? 6. Is Mr. Bouye liable for injuries sustained to Ms. Spice and damage to her car even though Mr. Dong was driving?
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