Reference no: EM133358699
Kevin Larson lives in a semi-detached home with his dog Queen Catherine, a poodle. The attached home is owned by a man who recently took a job overseas and rented his home to Cathy Tyson.
Cathy works long hours during the week and is rarely home, so she hasn't met many of the neighbours. Kevin was one of the first owners of a home on the street and he walks his dog twice a day, so he knows practically everyone on the street.
Kevin is chatting to his neighbour Joe when Cathy walks by. Cathy hears Kevin tell Joe that Cathy is getting fat because she eats too much and wants to sit on the couch all day long. Cathy immediately stops to confront Kevin yelling obscenities at him and telling him to mind his own business. She is very angry to find him talking about her weight. She says that she is a boxer and she will box Kevin's ears if she finds him talking like that again.
Kevin and Joe are stunned by her anger. They don't know why she is so mad. They were talking about Kevin's dog. Kevin is also puzzled because he didn't know his neighbour owned a boxer. He has never seen or heard it. Kevin, who loves animals, goes home worried and calls the SPCA (Society for the Prevention of Cruelty to Animals) to report his neighbour for never taking her dog outside and leaving it alone all the time.
Three days later he sees Joe again and Joe explains that she didn't say that she has a boxer, but that she is a boxer.
1. Are there any grounds for a civil action against Kevin? Please identify only one intentional tort that Kevin may have committed. Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook.
2. With reference to the fact situation and the law as discussed in chapter 1 of the textbook identify one possible defence Kevin would have to that tort.
3. Are there any grounds for a civil action against Cathy? Please identify only one intentional tort that Cathy may have committed. Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook.