Question

Roy was doing repair work in the apartment of Melinda. He saw a deep crack in the floor but did not repair it at the time. Later while doing ceiling work, his ladder got stuck in the crack and he injured himself. Can he recover damages from Melinda?

A. He can impose consequential damages on Melinda.

B. He can recover under the specific performance provision.

C. No, he cannot recover for injuries that could be easily avoided.

D. No, he cannot recover damages till he gets an injunction.

Answer 1

Answer: No, he cannot recover for injuries that could be easily avoided

Step-by-step explanation:

From the question, Roy was doing repair work in the apartment of Melinda and saw a deep crack in the floor but he did not repair it at the time. Later when he was doing ceiling work, his ladder got stuck in the crack and he got injured.

In this scenario, Roy cannot recover damages from Melinda. He saw the crack in the floor but did not do anything about it. The injury sustained was as a result of his negligence and he could have avoided it. Hence, he cannot recover for injuries that could be easily avoided.