Reference no: EM133514509

Question

1. Roger, a delivery driver with Golden Bakery, is driving a company van across town when he hits a pedestrian who stepped from the curb in order to cross the street. Describe how Golden Bakery might respond to a claim of vicarious liability.

2. A factory stood near a self-storage facility, separated by a gravel parking lot owned entirely by the factory. In the summer of one year, the factory paved its parking lot. Late the following spring, heavy rains which formerly soaked into the gravel ran directly from the parking lot into the self-storage facility, causing hundreds of thousands of dollars in damage to goods of the unit tenants. Discuss the tort issues raised as a result.

3. Angus, a bicycle courier, picked up an envelope at a law office. It was addressed to "City Works, Office 1212, For attention of: Janet Bari, Re: #2650/06." Angus put the letter in his bag, making it the sixth identical letter that he received for the same address while doing his afternoon rounds. He dropped the letters off at City Hall before the office closed, and headed home. The next morning he realized that one of the letters was still in his bag, stuck inside a fold in the nylon lining. Angus returned to City Hall, but delivery of the letter was refused. The reference 2650/06 was a call for bids on city construction work, and the competition for lowest bid closed when City Hall closed the day before.Identify the legal issues raised between Angus, the law office, and the presumably irate client on whose behalf the law firm had created the bid, and render a decision. Would it matter if the bid, in any event, would not have been the lowest?

4. X, a trained and licensed plumber, carelessly installed a steam heater in Y's restaurant, and, as a result, Y was seriously burned when a heater pipe exploded. Z, a qualified medical practitioner who treated Y at the hospital, prescribed improper medication as treatment for the burn, which aggravated the injury. This obliged Y to undergo an expensive skin-graft operation to correct the condition. Discuss the responsibility of X and Z to Y

5. Basil, aged 14, lived in a large metropolitan city, but spent his summer vacations with his parents at a cottage in a remote wilderness area of the province. On his 14th birthday, his father presented him with a pellet rifle and provided him with instruction on the safe handling of the weapon. The father specified that the gun was only to be used at the cottage. Basil used the pellet rifle to rid the cottage of area rodents during his vacation. On their return to the city, Basil's father stored the weapon and the supply of pellets in his workshop closet. He warned Basil that he must not touch the rifle until the next summer, but did not lock the cabinet in which the weapon was stored. One day, when Basil was entertaining a few friends at his home, he mentioned his summer hunting activities. At the urging of his friends, he brought out the pellet gun for examination. Basil demonstrated the ease with which the magazine could be filled, and how the weapon operated. He then emptied the magazine and allowed his friends to handle it. The gun was returned to him and, as he was replacing it in the cabinet, the weapon discharged. He was unaware that a pellet had remained in the weapon, and that he had accidentally charged the gun when he handled it. The pellet struck one of his friends in the eye, and an action was brought against Basil and his parents for negligence. Discuss the liability (if any) of Basil and his parents, and the defenses (if any) that might be raised. Render a decision.