Exam 4: The Law of Torts

Michael is employed by James' Groceries.Jim,the owner of Jim's Groceries approaches Michael and convinces Michael to leave James' Groceries and work for Jim's Groceries.James' Groceries may sue Jim's Groceries for

Albert and Jane and her husband own homes beside each other.Jane has a swimming pool in her back yard.Between the houses,on Albert's property,there is a line of very old trees that have grown so tall that they are blocking the sunlight from the swimming pool area of Jane's property.Yesterday,Jane's husband,George,after hearing Jane complain about the blocked sunlight,without going onto Albert's property,cut 3 metres off the top of each of Albert's trees to let the sunlight into his and Jane's back yard.George's action in cutting down the trees constitutes

In some circumstances,there is immunity from defamation lawsuits.Words spoken in parliamentary debate,in proceedings in law courts and inquests,and before royal commissions,are subject to absolute privilege.

What is contributory negligence?

Explain how a warning issued by a manufacturer to a "learned intermediary" discharges the duty of the manufacturer to warn consumers of defects in a product.

Malicious prosecution concerns the prosecution of crimes and is not a tort.

Criminal law and tort law focus on different persons when a tort or crime is committed.Explain.

An inmate is able to escape from a local prison because a security guard left a gate open.The jail owes the same duty of care to a local farmer who is assaulted by the inmate minutes later as it does to a gas station owner who operates 750 kilometres away and is robbed three months later.

Explain the development of fault as an appropriate basis for liability in tort.

A high intensity sound coming from one property and affecting other properties does not constitute the tort of nuisance.

Most Canadian jurisdictions have now abolished the distinction between invitees and licensees.

Phil was riding his motorcycle home from work when he was involved in a motor vehicle accident.As he lay on the road injured,he was attended to by two different motorists who stopped after seeing the accident.Additionally,an overhead helicopter from the local TV news station was broadcasting live on air.Suddenly,a second vehicle careened out of control and ran over Phil killing him instantly.Given concerns about proximity,foreseeability,and policy reasons,of all the people who suffered nervous shock,who would be most likely to recover compensation in a court action against the reckless driver of the second vehicle that caused Phil's death?

In extreme cases the court can award damages to punish a wrongdoer.These damages are referred to as special damages.

Stoney Canyon penitentiary is located near the town of Elmwood.One evening a guard employed at the jail failed to properly secure one of the gates near an exercise field.As a result,an inmate escaped and went on a crime spree.Having regard to issues of proximity,foreseeability,and policy reasons,which of the following claimants would be least likely to succeed in a court action against the guard and/or the jail?

Distinguish between general and special damages.

Exemplary damages are awarded by the court when it intends to

Cheri met her friend Julie at an ice cream stand near the beach.They both ordered a hot fudge sundae.Cheri watched Charles,an employee,scoop the ice cream out of a large tub.Suddenly a gold chain worn by Charles fell into the tub of ice cream.Charles did not notice and proceeded to complete the order.He handed Cheri her sundae,but she could not eat it.She went on to develop a serious mental disorder,including anxiety that her doctor told her was caused by the incident.Will Cheri succeed in her action for damages and what relevant principles of law relating to causation apply?

Which of the following best demonstrates the concept of vicarious liability?

The duty of a manufacturer to warn may be discharged by issuing a warning to learned intermediaries.Explain.

A duty of care may be owed to someone other than the person who is directly injured.