Reference no: EM132125773

Mike lives next door to a retired old man who spends his winters in Florida. While he is away, Mike shovels the old man's sidewalk and steps for $20 per snowfall. This agreement has gone well for the past two years so the old man mentioned it to friends so this year he asked mike if he would be willing to expand their agreement and shovel the front walks of some of those friends. He asks mike and Mike tells the old man that he doen'st have enough time this year as he thought.

Three months later, the old man gets a call from the City and is told that he has failed to keep her walkway clear of ice and snow, and that a resident slipped and broke his hip on the sidewalk in front of his home. He is told that he will be fined and the man who slipped is planning to sue him (his name is Jack). He is shocked mike has always been so dependable. He calls mike to find out what happened. Mike is very confused when he hears from Viola. Mike reminds him that he told him before she left that he was too busy to shovel snow this year. Unfailingly polite, Mike apologizes if the old man misunderstood him. As it turns out, the old man's sidewalk hasn^'t been cleared at all while he was away.

The old man doesn^'t think he should be liable for anyone's injuries, including Jack's. He thought it was clear that she had an agreement with Lee that he clear her snow while she was away. To the old man, if its anyone's fault that someone slipped and fell, it^'s Mikes fault.

What is:

The old man's cause of action in the lawsuit against Mike?

The law he need to prove for that cause of action?

An example of Proof of those laws from the facts of the case.