Exam 5: Unintentional Interference With Persons or Property

Marc intends to sue Colleen for negligence. As a general rule, absent any unusual circumstances, Marc will not win unless he can prove to the court that it is more likely than not that what he alleges about Colleen's actions is true.

Mr. Ma operated a dry cleaning plant. Even if there was no harm or any intention of harming anyone, he could still be sued for the mere fact that dry cleaning chemicals escaped from his property. No damages resulted. If the plaintiff were successful what kind of damages would the court most likely award?

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.

Jean and Donald hired a lawn care company to come to their house and spray for dandelions, which had overtaken their lawn. When the spraying was completed the chemical had not only killed the dandelions, but had destroyed the grass to an irreversible state. When the company investigated, it found that the acid content of the soil had caused the reaction. The company stated that the reaction is so rare it seldom does preliminary acid tests and tried to downplay the situation. Jean and Donald are contemplating legal action.