Reference no: EM133320414

Case Study: Joe Fabulous owns a tiger sanctuary in Southwest Ontario, just north of Kingsville. He has between 25-30 tigers on-site at any one time that are kept in individual cages that have an outside exercise area attached. Visitors are permitted to the sanctuary from Wednesday to Sunday, 10 am to 4 pm. Visitors are usually escorted in groups around the sanctuary by staff and are given information about the original habitat and behaviours of the tigers. Occasionally, the staff will hold a feeding "demonstration" for visitors at certain times during the day There is also a gift shop on site in which Joe sells various tiger-related products and memorabilia.

One Saturday afternoon, staff are conducting a feeding demonstration in one of the tiger cages. Unobserved, a teenage boy wanders away from the demonstration and finding an unattended bucket of meat used to feed the tigers he approaches one of the other tiger cages. When he reaches in to feed the animal the tiger mauls his arm badly with its claws, causing serious injury. His screams attract the attention of the other visitors as well as the staff, who run to his aid. Unfortunately, the staff member who had been giving the feeding demonstration did not close the door to the tiger cage fully. No one noticed the improperly closed door and later that evening, after the sanctuary had closed, the tiger in that cage managed to open the door and escape from the sanctuary. The following day a call was made to local police that a number of cattle had been mauled and two killed at a nearby farm.

As Joe is trying to deal with the aftermath of these incidents, he receives a letter from the manufacturer of Tiger Balm, a well-known muscle and pain relief ointment who are writing to inform Joe that his "Tiger Bomb" product currently sold in his gift shop, which is a muscle and pain relieving cream, is a copy of their product which has been for sale for many years, and that if he doesn't agree to cease sale of the product immediately they will sue him for "passing off" their product. Joe has no idea what "passing off, is but thinks that it doesn't sound good.

Later that same day, as if he didn't have enough to worry about, Joe receives a call from a woman who bought his Tiger Bomb product for her sore shoulder. Having used the product as directed, she says that her skin broke out in painful sores and boils which prevent her from sleeping and working because of the pain. She says that she will be contacting her lawyer and that she should get ready to be sued!

Joe has contacted you for advice on his current troubles. He wants to know where he stands legally in relation to the situations outlined above and how much financial trouble he might be in given that he never got around to taking out any insurance on the sanctuary.

Your submission should be set out using the IRAC approach (Issue, Rule, Application, Conclusion). You do not necessarily have to use those heading each and every time, but your answers should follow that structure.

You may also wish to use the very helpful website www.canlii.org for additional information and resources.

Case-Based Assignment - Torts This assignment assesses the student's ability to apply the principles covered in the Tort Law section of the course to a set of facts provided in a case-study format, which is a fundamental element of learning assessment in any legai course. Students will be assessed on their ability to properly understand the facts as presented as well as their application of the IRAC method of legal analysis (issue, Rule, Application, Conclusion).

Question 1. ln relation to the teenage boy who was injured while attempting to feed the tiger, please outline whether Joe has any legal liability in relation to this incident and why. Is there anything about the incident that might impact on the extent of Joe's liability? Is there anything he could have done to prevent the incident from a legal perspective?

Question 2. Joe has advised that the escaped tiger has now been recaptured and returned to the sanctuary. He expects to hear from the farmer whose cattle appear to have been killed and injured by the tiger and is just glad that no one was killed or injured by the animal before it could be recaptured. He has explained to you that he cannot understand how the animal was allowed to escape as all staff are trained to always close the doors of the cages when any feeding or other activity with the animals is complete. He does not see why he should have to be held responsible for the unprofessionalism of one of his staff. Please advise Joe as to what, if any, liability Joe has in relation to the incident.

Question 3. Joe is particularly confused by the letter from the Tiger Balm people' As far as he is concerned his product isn't a copy. He says he didn't even know Tiger Balm existed. Anyway, the name is different and it's a cream, not an ointment. Please explain to Joe whether he has any cause for legal concern here and, if so, why

Question 4. Equally, Joe is particularly annoyed by the phone call from the woman complaining about the Tiger Bomb product and its impact on her shoulder. Joe buys the product in bulk from a manufacturer in China and repackages it for sale. ln his store. He has no idea what's in it but has never had any complaints from any customers before. What issues arise for Joe in relation to this complaint?

Question 5. Taking all of the issues facing Joe at the moment, is there any general advice you can give him about reducing his risk of possible tort-based lawsuits against his business? The outline under separate headings for each incident referred to above what your recommendations would be