Reference no: EM133505804

Case1

James incorporated a business, J Wine & Bar. He hired his friend, Douglas, to act as bouncer during nighttime service. Ricky, who is an IT professional, went to a bar to unwind from the stress and pressure of work. With pity misunderstanding with the bar's crew, he was told to leave by the bouncer. Without provocation with the bouncer, he suffered a beating and fractured nose. The supervisor supported the action of the bouncer and said that he has the right to use force which he deemed necessary to persuade Ricky to leave the premises.

Case2

Jose purchased a second-hand riding lawnmower from the manufacturer, ABC Inc. Before using the mower, Jose opened the hood to fill up the gas tank. He took off the cap and placed it on the tank. He started to pour in the gas. He had to stop to get the cap when it rolled off the tank. He again placed in the hood and continue to pour the gas into the tank. The cap again rolled away and, this time, it hit the battery and caused a spark that ignited the gasoline fumes. As the fire started, he dropped off the gasoline container that he was holding on and spilled the gas which resulted in a blazing fire that destroyed his garage and home. ABC Ltd. is aware of the problem since there were several incidents and lawsuits. To address this problem, ABC Inc. manufactured a battery-covered and provide a safety kit to its customers. Jose was not aware of this issue nor receive a copy of a safety kit.

Issues: Does ABC Inc owe a duty of care? Is the duty of care foreseeable? Does ABC Inc solution meet the standard of care?

Case3

The City Government built an enclosure, with a key on it, around the electric transformer to prevent unauthorized trespassers from encroaching, due to its danger in nature. The electric transformer was located in the parking lot of the abandoned supermarket. The parking lot had become a playing ground to the children. Without knowing, an eight-year-old child was able to climb up a power pole over the fence and was injured when he came into contact with a live power wire. The injury is so serious, and the child's arm was amputated. In determining who is responsible of the property, the court determines through Alberta Occupiers' Act. 2

Issue: In this case, who is occupier of the property?

Case4

One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple's van, where the plaintiff's husband and the other children were preparing. The plaintiff's husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term "morbid depression", consequently.

Question 1: Please state the four basic elements of negligence.

Question 2: Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasons.

Case5

The Province of Saskatchewan hired a courier to deliver an envelope to a land registry office in British Columbia (BC). Unknown to the courier company, the envelope contained a document relating to land owned by the plaintiff. If delivered on time, the document would have enabled the plaintiff to complete the sale of its land. The courier company was unreasonable slow and delivered the document too late. Consequently, the plaintiff was unable to perform the contract of sale, and it suffered a loss of huge amounts.

Question: The Plaintiff sued the courier company for the loss suffered as well related incidental expenses. Does the action of the Plaintiff prosper? Please state your reason.

Case6

Allan carelessly drops a log in the road, and he does not bother to remove it. After dark, Ben's horse trips over the log and is seriously injured. The purpose of tort law is to compensate the victim for harm caused by the activity of other.

Issue: Is Allan liable for the injuries caused by negligence? Please state your reasons, the context of old tort (strict liability) and modern tort.

Case7

When Ms. M is about to replace the empty bottle of drinking water with a full one, Ms. M saw a dead fly and part of another dead fly in the unopened replacement bottle. Obsessed with the event and its implications for the health of her family, she developed a major depressive disorder, phobia and anxiety. With this, she sued the supplier of the bottle of water, Bottled Enterprise, for psychiatric injury sustained as a result of seeing the dead flies in the bottled water.

Issue: Does action of Ms. M prosper? Please state your reasons.

Case8

Charles went to Eaton's in Heritage Mall seeking a refund. However, an argument ensued which caught the attention of the security guard, Fran. Fran took Charles elbow and started to escort him out of the store. Charles protested but did not create a disturbance. Near the door, Charles pushed Fran away, presumably wishing to go through the doors unassisted. Fran reacted quicky and violently putting Charles into a headlock. Charles glasses were knock off and his lip got cut. He was handcuffed and detained in the security office for four hours. Fran took Charles wallet and removed his driver's license and photograph him without consent. Charles asked Fran that he would leave and asked if he can call his wife. He further asked to call the police. All requests were refused.

Issues: 1) Excessive use of force constituted battery, tort, and vicarious liability; 2) False and unlawful imprisonment; and 3) Trespass