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Lecture 6

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Comm 300
Paul Lester

- The Kingston Maroons Corp (usually known simply as the Maroons) owns and operates both a hockey team by that name and the Kingston Arena. The Maroons employ Gilbert Douglas, who is the team's star player. During a recent game, Douglas was sent to the penalty box by the referee. Unhappy with the referee's decision, Douglas slammed the penalty box door shut. That caused the protective glass attached to the penalty box to shatter. Cherie, a fan who was sitting nearby, was cut by the broken glass. The evidence indicates that the accident was caused partly by Douglas's carelessness in slamming the penalty box door shut, and partly by the fact that the Maroons organization had carelessly installed the protective glass. Both Douglas and the Maroons therefore committed the tort of negligence. Which of the following statements is probably TRUE o The Kingston Maroons Corp is vicariously liable only if Douglas is personally liable - Which of the following statements is TRUE with respect to the doctrine of vicarious liability o While vicarious liability provides employers with more incentive to act carefully when selecting, training, and supervising employees, it also tends to provide employees with less incentive to act carefully as they perform their jobs - Elise owns and operates a convenience store. Because that store is located near a high school, it loses a great deal of profit to shoplifting. Last week, Elise caught Hakan in the act of stealing a magazine. She physically detained him and called the police. The police arrived and placed Hakan in handcuffs. At that point, Elise calmly and intentionally punched Hakan in the face and said, "I've been waiting a long time for the chance to do that." Elise has a liability insurance policy that she purchased from the Pacific All Risk Insurance Co. Which of the following statements is TRUE o If Elise is found liable for the tort of battery, she will probably have to pay the damages herself - During an argument in a nightclub, Marie deliberately slapped Caesar's face. She had done so many times before, with few consequences. On this occasion, however, the slap caused Caesar to suffer a blood clot that led to a serious injury. The medical evidence indicates that Caesar had always suffered from a rare condition that made him unusually vulnerable to such complications. Neither Caesar nor Marie had any way of knowing about that pre-existing condition. Which of the following statements is TRUE o because she committed an intentional tort, Marie cannot avoid liability on the basis of the doctrine of remoteness - Gawain and Julie are neighbours. Gawain committed the tort of trespass to land by smashing a window in Julie's attic w
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