This case study examines several business law issues arising from a scenario involving a landscaping business and its clients. The analysis begins with the formation of a contract between Mary and Brad, addressing the elements of a valid contract and the potential for unconscionable conduct. It then explores Mary's role as an employer of backpackers, considering the application of the multi-factor test and the need for worker's compensation insurance. Further, the case delves into Mary's potential liability for negligence, analyzing vicarious liability and contributory negligence. Finally, it examines the legal arguments Brad Smith could raise to reduce or eliminate liability for damages related to the death of Koi Carp. The solution provides a detailed analysis of the legal principles involved and their application to the facts, covering contract law, employment law, and tort law, and the potential liabilities of different parties involved in the case.
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