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Lecture 7

lecture 7.docx

3 Pages
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Department
Commerce
Course Code
COMM 300
Professor
Paul Lester

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- Werner owns a number of animals that live in and around his home. Because Werner's house is located in a secluded area, he has little interaction with people outside of his immediate family. He consequently had never received any complaints about his animals until recently. That complaint has come in the form of a tort action by Madonna, who claims that she was wrongfully hurt by one of Werner's animals. The evidence establishes that she was bitten by the animal as she knocked on Werner's door with the intention of asking him to donate to a charity. Which of the following statements is TRUE o all of the above - Jose has sued Sharona in tort as a result of an injury that he suffered while visiting her property. Given the facts of the case, it is possible, at least in theory, for Jose to prove a number of different torts. Which of the following statements is TRUE o Jose is entitled to sue for a number of different torts at the same time and he is not required to sue for one particular that he believes will lead to the best result - Beverley, who is a Canadian judge, has just heard the parties' arguments in a tort case. Given the complexity of the situation, she feels the need to do some independent research into the relevant law before she gives her decision. Which of the following statements is TRUE o Beverley is entitled to impose liability only if she is satisfied that the defendant breached an obligation, even if the case deals with a strict liability tort. - You have been hired by a law reform commission to examine ways in which tort law can be used to affect behaviour. As part of that project, you have been asked to consider the level of mental culpability that the plaintiff is required to prove before the defendant can be held liable by a court. Which of the following statements is TRUE with respect to tort law as it currently exists in Canada o Strict liability allows people to engage in unusually hazardous activities, but also requires them to pay for any damage that occurs, even if they took every reasonable precaution - Which of the following torts fall within the category of intentional torts o false imprisonment, trespass to land, and interference with chattels - Which of the following torts fall within the category of strict liability torts o control of wild animals, Rylands v Fletcher, and arguably vicarious liability - Faye is a wildlife expert who works for a major zoo. Because her love of animals does not end when she leaves work each night, she has a number of exotic pets in her home, including a small capuchin monkey that she calls Kong. Unfortunately, although Kong had no history of violent behaviour, he viciously attacked a door-to-door canvasser named Ray who rang Faye’s doorbell one evening. Which of the following statements is TRUE o Even if she would otherwise be held strictly liable for Ray’s injuries, Faye may escape liability by proving that before ringing her doorbell, Ray had seen a sign that clearly warned of the danger of wild animals and directed strangers not to approach the house - As a result of dumping toxic materials into the water supply, Acme Corp has been held liable under the tort of nuisance to several of its neighbours. While the company’s directors ar
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