Question

Johnny works for Barbara as a delivery driver for her specialty flower shop in Phoenix, Arizona. Barbara has a thriving business and is constantly monitoring and communicating with her delivery drivers to get the fresh flower bouquets to their destinations as quickly as possible because the heat in Phoenix is often well over 100°. If her flower bouquets are left in the heat too long they wilt. Clients pay a premium price for Barbara’s special bouquets and expect beautiful, fresh flowers. On one particularly hot and busy day, Barbara asked Johnny to deliver several bouquets to her best client Jillian who owns a fancy hotel across town. The bouquets were to be used that evening for a big wedding. There were fifteen bouquets valued at $1,500 placed into Johnny’s delivery truck. When Johnny arrived at Jillian’s, he asked a busboy where to put the flower bouquets. The busboy pointed to a stand on the front patio of the hotel under an overhang. Johnny quickly unloaded the flowers on the stand, jumped back into the van and headed back to Barbara’s shop for the next delivery. Barbara received a very angry phone call from Jillian because the flowers had all wilted and could not be used for the wedding. Jillian threatened to sue Barbara if she did not remake the flower bouquets and send them to her hotel immediately. Barbara refused.

In one or more fully formed paragraphs, identify the four elements of negligence and state whether Barbara would be liable and why. Use details from the scenario to support your reasoning.

Answer 1

four elements of negligence

1.) Johnny didn't check the place for temperature and other conditions as it is mentioned the flowers get wilted in the heat and other unsupportive weather conditions before unloading the flower bouquets and leaving the place. ( On one particularly hot and busy day, Barbara asked Johnny to deliver several bouquets to her best client Jillian who owns a fancy hotel across town.)

2.) He didn't deliver the flowers in presence of Jillian, who was the actual person to whom he should have met and delivered the flowers due to the high cost involved and for a very important event (The bouquets were to be used that evening for a big wedding. There were fifteen bouquets valued at $1,500)

3.) He must have done a quality check with Jillian showing the flower bouquets before leaving the place for next delivery and taken Jillian's assurance for the delivery. (The busboy pointed to a stand on the front patio of the hotel under an overhang)

4.) Also, there should be a delivery receipt and the recipient of the order must sign it acknowledging that the flowers are received as agreed and in the proper condition as agreed by the parties to the contract.

Barbara would be liable to replace the flowers due to the negligence of the delivery boy and also, some system issues of delivery. As the flowers were not delivered in the presence of Jillian and for him the state of goods was not satisfactory and as per the decided terms and conditions. (Clients pay a premium price for Barbara’s special bouquets and expect beautiful, fresh flowers). Also, to stay in business sometimes we have to serve our clients request and in this case, Jillian is the best client of Barbara and must replace the flowers to save the reputation and client relations and also ensure that such negligence is avoided in future and have a proper delivery and acknowledgement receipt in place.