Exam 5: Negligence and Unintentional Torts

Jacques captured a large rattlesnake while on a camping trip and brought it home to his apartment in the city. He kept the snake in a glass aquarium which he had covered with a wire screen. One day, after feeding the snake, he accidentally failed to fasten down the screen cover, and the snake escaped from the aquarium. The snake managed to enter the adjoining apartment by way of an open balcony door. The occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake. Historically, the courts have imposed strict liability for loss on persons that keep dangerous things on their property. The rattlesnake would probably be classed in such a way by the court.

Ping drove his automobile into a parking lot and, in doing so, collided with the side of a parked automobile that was owned by Nelson. Because a motor vehicle is a dangerous object, Ping is strictly liable for any damage caused by his vehicle.

A and B entered a variety store owned by C. A purchased two chocolate bars from C, and gave one to B. Unknown to A, B, or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made. When B attempted to eat the chocolate, she damaged a tooth. She was obliged to have the tooth repaired by a dentist, and in addition lost a day's work because of the painful injury to her mouth. Her total loss amounted to $300.00.

A and B entered a variety store owned by C. A purchased two chocolate bars from C, and gave one to B. Unknown to A, B, or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made. When B attempted to eat the chocolate, she damaged a tooth. She was obliged to have the tooth repaired by a dentist, and in addition lost a day's work because of the painful injury to her mouth. Her total loss amounted to $300.00

A and B entered a variety store owned by C. A purchased two chocolate bars from C, and gave one to B. Unknown to A, B, or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made. When B attempted to eat the chocolate, she damaged a tooth. She was obliged to have the tooth repaired by a dentist, and in addition lost a day's work because of the painful injury to her mouth. Her total loss amounted to $300.00.

A highly corrosive liquid that is stored on the property of Acme Waste Disposal leaks from its container and seeps into the foundations of the business next door, badly damaging the building. Acme will be liable only if the injured party can prove Acme was negligent.

The basic premise upon which tort liability is founded is that individuals and corporations living in a civilized society will not (and should not) intentionally cause injury to one another or others' property.

Initially, under tort theory, only deliberate, direct injury was open to action, and compensation payable was open to consideration based on the actual loss suffered by the plaintiff.

Sam had a swimming pool in the rear yard of his suburban home. The pool was enclosed on all sides by a 1.2-metre high wire fence, and entry to the pool area was by a gate, which Sam occasionally locked. One day, Sam drained the pool in order to have some repair work done, and accidentally left the gate closed but unlocked. A four-year-old child who lived in the next house to Sam entered the pool area by opening the gate, and was injured when he fell into the empty pool. Sam is liable for the injury to the child, because he failed to lock the gate that would prevent the child from entering the pool area.

Jacques captured a large rattlesnake while on a camping trip and brought it home to his apartment in the city. He kept the snake in a glass aquarium which he had covered with a wire screen. One day, after feeding the snake, he accidentally failed to fasten down the screen cover, and the snake escaped from the aquarium. The snake managed to enter the adjoining apartment by way of an open balcony door. The occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake. The neighbour was careless in leaving her balcony door open, and therefore, Jacques would not be liable for her injury.

James and Mary are artists who have a studio in an industrial part of the city. They decide to live in the studio, which is not against local zoning bylaws, but find themselves disturbed at night by the noise and light from a nearby railway marshalling yard. They decide to institute a nuisance suit against the railway since their enjoyment of their property has been seriously affected. They will be unsuccessful.

Miss Haversham, a guest at a wedding catered by Giardia's Fine Foods, became violently ill, as did several other guests. It was later found that only those who ate the crab salad appetizer became ill. Since Miss Haversham is not able to prove how she was injured by Giardia's but only that she was injured, presumably by them, which of the following concepts could she use to help her establish Giardia's negligence?

Mr. Ma operated a dry-cleaning plant. Even if there was no intention of harming anyone, he could still be sued by someone harmed by dry cleaning chemicals that escaped from his property. This is an example of what principle of tort law?

Ping drove his automobile into a parking lot and, in doing so, collided with the side of a parked automobile that was owned by Nelson. Ping would be liable for the damage to Nelson's automobile if Ping was negligent in the operation of his motor vehicle.

On a cold winter day, A slipped on the icy sidewalk at the entrance to B's shop. A injured her ankle as a result of the fall, and B hired a taxi to have her taken to the hospital to have her injured ankle examined. On the way to the hospital another automobile collided with the taxi, and A was seriously injured. B has strict liability for any injury to A, because he was the owner of the sidewalk.

Miss Haversham, a guest at a wedding catered by Giardia's Fine Foods, became violently ill, as did several other guests. It was later found that only those who ate the crab salad appetizer became ill. If Miss Haversham were to sue for negligence, she would normally have to prove

Which of the following is a defence to negligence?

Jacques captured a large rattlesnake while on a camping trip and brought it home to his apartment in the city. He kept the snake in a glass aquarium which he had covered with a wire screen. One day, after feeding the snake, he accidentally failed to fasten down the screen cover, and the snake escaped from the aquarium. The snake managed to enter the adjoining apartment by way of an open balcony door. The occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake. Jacques would probably be strictly liable for any injury caused by the snake, since he should have foreseen the danger associated with keeping a poisonous snake in confinement.

Dave was injured in a hang-gliding accident at a hang-gliding school and would like to sue the owners of the school. Before they would allow him to take classes, the owners of the school had Dave sign a document which said that the school would not be responsible, legally or physically, for Dave's safety. This kind of document is called a release.

Mr. Ma operated a dry-cleaning plant. Even if there was no intention of harming anyone, he could still be sued by someone harmed by dry cleaning chemicals that escaped from his property. This is an example of what tort?