COM402 Quiz.pdf

‭ amilla lives in Victoria and has a very attractive garden. Camilla does not want unwelcome or uninvited‬ C ‭visitors and she has posted signs at each entrance to her property which say "No Trespassing - Keep‬ ‭Out". Unfortunately, the neighbourhood dogs cannot read these signs. The dogs visit Cam...

‭ amilla lives in Victoria and has a very attractive garden. Camilla does not want unwelcome or uninvited‬ C ‭visitors and she has posted signs at each entrance to her property which say "No Trespassing - Keep‬ ‭Out". Unfortunately, the neighbourhood dogs cannot read these signs. The dogs visit Camilla's garden‬ ‭and dig up her plants in pursuit of buried bones. Camilla approached David because he sells a device‬ ‭which will keep dogs out of gardens. David sells a device called the "invisible perimeter". The invisible‬ ‭perimeter is an electric fence which is buried under the ground. When dogs approach the buried fence, it‬ ‭gives them an electric shock and they run away. The fence cannot be seen because it is under the‬ ‭ground. David has assured Camilla that the fence is harmless to humans. Camilla tested the fence herself‬ ‭by walking over it and she felt no electric shock. Edward is 78 years of age and takes, Francine, his 3‬ ‭year-old grandchild, for a walk past Camilla's house every day. Edward is aware of the "No Trespassing"‬ ‭signs and he never goes into Camilla's garden. While walking today, Francine saw a dog in Camilla's‬ ‭garden and she ran towards the garden to play with it. When Francine crossed the buried fence, Edward‬ ‭saw her drop to the ground and cry out in obvious pain. Edward ran to help her. When Edward reached‬ ‭her, his "pacemaker", which controls his heart, malfunctioned and Edward had a heart attack. Edward and‬ ‭Francine are in the hospital under treatment. Edward's son Graham wants you to answer the following‬ ‭questions giving an explanation of the applicable law:‬ ‭1. Does Edward or Francine (or both of them) have a legal claim the law will enforce against‬ ‭Camilla?‬ ‭ amilla does not seem to have intended to hurt a person. She posted the "no trespassing" sign to‬ C ‭keep people out of her garden. She installed an electric fence to keep dogs out. There is no‬ ‭evidence that she wanted to hurt a person or child with the electric fence. There is evidence that‬ ‭she tested it using herself to be sure it was not harmful. We can assume there is no evidence to‬ ‭support a claim of intentional wrongful action in tort (ie battery).‬ ‭ dward or Francine may be able to claim that Camilla was negligent. They must show that Camilla‬ E ‭(1) owed them a duty to take care (2) fell below the appropriate standard of a reasonable person‬ ‭and (3) that Camilla's breach of the duty to take care was a direct or proximate cause of the‬ ‭physical injury suffered by Edward and Francine.‬ I‭f the three elements of negligence can be proven on a balance of probabilities then there may be‬ ‭claim for damages. Camilla owes a duty of care to her "neighbours". Neighbours are people who‬ ‭we should consider if they will be affected by our actions. If Camilla's installation of the electric‬ ‭fence was something a reasonable person would not do in the situation, it is possible that Camilla‬ ‭has breached a duty of care to Edward and Francine. Finally, if the injury caused to Edward and‬ ‭Francine was directly caused by Camilla's breach of duty to take care then the third element of‬ ‭negligence is satisfied.‬ [‭ In textbook there is the statutory liability of an "occupier" to a trespasser. An occupier must treat‬ ‭trespassers with the standard of common humanity. If the electric fence is a danger which falls‬ ‭below the standard of common humanity, then Camilla may be statutorily liable for any injury‬ ‭suffered by a trespasser.‬ ‭ egligence:‬‭For Edward or Francine to have a legal claim for negligence against Camilla, they must‬ N ‭establish the following elements:‬ ‭1.‬ ‭Duty of Care‬‭: Camilla owed a duty of care to Edward and Francine.‬ ‭2.‬ ‭Breach of Duty‬‭: Camilla breached that duty.‬ ‭3.‬ ‭Causation‬‭: The breach caused harm.‬ ‭4.‬ ‭Damage‬‭: There was actual damage or injury.‬ ‭ uty of Care and Breach‬‭: Camilla, as a property owner, owes a general duty of care to prevent‬ D ‭foreseeable harm to people who are in proximity to her property, even if they are not on her property.‬ ‭‬ ‭The installation of the invisible perimeter creates a risk of harm, especially given the potential for‬ ‭inadvertent contact by children or others who may not see any visible warning.‬ ‭Causation and Damage‬‭: Francine suffered pain upon crossing the invisible fence, which would qualify as‬ ‭damage.‬ ‭‬ ‭Edward, running to assist Francine, suffered a heart attack when his pacemaker malfunctioned‬ ‭due to the invisible fence. This also qualifies as damage.‬ ‭Foreseeability‬‭: It could be argued that it was foreseeable that children might wander into the garden‬ ‭despite the signs, and that people with medical devices could be affected by an electric fence.‬ ‭Occupiers' Liability‬‭: Under occupiers' liability, Camilla, as the occupier of the property, has a duty to‬ ‭ensure that people are not harmed due to the state of her property.‬ ‭‬ ‭Even though Edward and Francine did not have permission to enter the garden, the installation of‬ ‭an invisible electric fence that could harm passersby (including those who might inadvertently‬ ‭trespass) could be considered a breach of this duty.‬ ‭Given these points, both Edward and Francine have a plausible legal claim against Camilla based on‬ ‭negligence and occupiers' liability.‬ ‭2. Does Camilla have a legal claim the law will enforce against Edward or Francine?‬ ‭ possible claim is "trespass to land" because Camilla has posted signs stating "no trespassing"‬ A ‭and Edward and Francine have come onto her land without consent.‬ ‭ rancine however is 3 years old and cannot read, so we can assume that Francine did not intend‬ F ‭to trespass because she is too young to understand the concept. Edward "is aware of the "No‬ ‭Trespassing" signs and he never goes into Camilla's garden". On the day in question, he was on‬ ‭Camilla's property to protect his grandchild. We can say that he was there by necessity rather‬ ‭than to trespass. This is not a case of accident, but necessity caused by the risk to Francine.‬ I‭f this is wrong and it is trespass by Edward, then the court has a discretion to reduce the‬ ‭damages to nil or zero given the facts involved and the lack of real economic loss to Camilla.‬ ‭Trespassing‬ ‭‬ ‭Francine, by entering Camilla's garden without permission, committed a trespass.‬ ‭‬ ‭However, considering Francine is a‬‭young child‬‭, the legal system often takes into account the‬ ‭age and understanding of the trespasser. It is unlikely Francine would be held legally accountable‬ ‭for trespassing in the same way an adult would.‬ ‭‬ ‭Edward did not trespass initially but entered the property to assist his granddaughter. This act‬ ‭could be considered under the "‬‭necessity‬‭" defence, which allows trespassing to prevent greater‬ ‭harm.‬ ‭3. What remedies can the court grant in a case like this?‬ I‭n a civil case, the remedies are money compensation to the plaintiff and costs to the winning‬ ‭party.‬ ‭For Edward and Francine‬‭:‬ ‭‬ ‭Damages‬‭: The court can award compensatory damages for the injuries sustained by Francine‬ ‭and Edward. This would cover medical expenses, pain and suffering, and any other related costs.‬ ‭‬ ‭Injunction‬‭: An injunction could be granted to require Camilla to modify or remove the invisible‬ ‭fence to prevent future harm.‬ ‭ or Camilla‬‭: While technically she could seek nominal damages for trespass against Francine, it is‬ F ‭unlikely given the circumstances and Francine's age. Additionally, pursuing such a claim might not be‬ ‭practical or viewed favorably by the court.‬ ‭Conclusion‬‭: Edward and Francine have a stronger legal claim against Camilla based on negligence and‬ ‭occupiers' liability, due to the harm they suffered from the invisible electric fence. Camilla may technically‬ ‭have a claim for trespass, but given Francine's age and the circumstances, it is not a substantial claim.‬ ‭The primary remedies the court might grant include compensatory damages for Edward and Francine and‬ ‭possibly an injunction against the use of the invisible fence.‬ ‭Q:‬‭The Federal Government has introduced new legislation in Parliament concerning telephone‬ ‭companies.‬ ‭a. Proposed legislation is called a "bill"‬ ‭b. Proposed legislation must pass a vote in the House of Commons three times and three times in the‬ ‭Senate and then it will become law‬ ‭c. Once proposed legislation has been passed in Parliament, it must be given the Royal Assent and‬ ‭proclaimed‬ ‭d. Once proposed legislation has been passed in Parliament it can be amended by another statute‬ ‭e. All of the above are true‬ ‭Answer: e. All of the above are true‬ ‭Q:‬‭The Government of British Columbia has introduced a bill into the Legislative Assembly to assist in‬ ‭proving damages against manufacturers of tobacco products. Once the bill has passed third reading, the‬ ‭next step will be‬ ‭a. to send the bill to the relevant committee for clause-by-clause study‬ ‭b. to give the bill Royal Assent by the Lieutenant-Governor‬ ‭c. for the members of the Legislative Assembly to debate the bill in principle‬ ‭d. to send the bill to the Senate for approval‬ ‭e. to amend the bill and prepare it for final reading‬ ‭Answer: b. to give the bill Royal Assent by the Lieutenant-Governor‬ ‭Q:‬‭Antonella is suing Barbara for failing to pay her for goods she bought. It will be up to Antonella to prove‬ ‭her case‬ ‭a. on a balance of probabilities‬ ‭b. to a moral certainty‬ ‭c. beyond a reasonable doubt‬ ‭d. on a preponderance of the evidence‬ ‭e. a and b‬ ‭Answer: a. on a balance of probabilities‬ ‭Q:‬‭Able entered a small restaurant and sat on a stool at the lunch counter. Baker entered the restaurant a‬ ‭few moments later and sat down at the lunch counter next to Able. For no apparent reason, Able‬ ‭suddenly struck Baker on the side of the head with his fist, knocking Baker to the floor. Baker raised‬ ‭himself from the floor, then seized Able, and tossed him through the large glass window at the front of the‬ ‭restaurant. Able was seriously injured and sent to hospital.‬ ‭Indicate whether the following statements are True or False:‬ ‭T F Able has committed the tort of assault on Baker‬ ‭Answer: T (True)‬ ‭Indicate in the space below whether or not Baker can use the defence of "self-defence" to avoid tort‬ ‭liability for the injuries suffered by Able when Baker tossed Able through the window.‬ ‭Baker can use the defense of "‬‭self-defence‬‭" to avoid tort liability for the injuries suffered by Able if‬ ‭Baker's response was reasonable and proportionate to the threat posed by Able's initial assault. Since‬ ‭Baker was responding to an unprovoked attack, he had the right to defend himself. However, the force‬ ‭used in self-defence must not be excessive.‬‭Tossing Able through a window may be considered‬ ‭ xcessive‬‭unless Baker can demonstrate that he believed it was necessary to prevent further harm to‬ e ‭himself.‬ ‭Ms White, an opera singer, consulted Dr. Brown, who is a throat expert, about growths in her throat. Dr.‬ ‭Brown recommended a surgical operation. When Ms White asked if the surgery could affect her opera‬ ‭singing, Dr. Brown said he would not recommend surgery if there was any risk to her. In fact, there was a‬ ‭risk of one in one thousand (1 / 1,000) that she might never sing again. Dr. Brown did not tell Ms White‬ ‭about this because she might over-react and leave the growths in her throat leading to more serious‬ ‭problems later. Dr. Brown performed the surgery without any negligence.‬ ‭Q‬‭: What claim, if any, does Ms White have against Dr. Brown?‬ ‭Answer‬‭: Ms White may have a claim against Dr. Brown for lack of‬‭informed consent‬‭. Dr. Brown had a‬ ‭duty to inform Ms White of all material risks associated with the surgery, including the one in one‬ ‭thousand risk that she might never sing again. By not disclosing this information, Dr. Brown denied Ms‬ ‭White the opportunity to make an informed decision about her treatment. Even though the surgery was‬ ‭performed without negligence, the failure to disclose material risks can be considered a‬‭breach of duty‬‭,‬ ‭potentially leading to liability for any harm resulting from the undisclosed risk.‬ ‭Q‬‭: Zelda was enraged when another driver cut her off (failed to yield the right of way), so she deliberately‬ ‭rammed his car.‬ ‭Indicate whether the following statement is True or False:‬ ‭T F Zelda has not committed a tort, but she may have committed a crime.‬ ‭Answer: F (False). Zelda has committed both a tort (intentional damage to property) and a crime‬ ‭(deliberate reckless endangerment and damage to property).‬ ‭Q‬‭: While driving, Charles' car hit the rear of Francine's car which was stopped at a traffic light.‬ ‭a. Charles may be charged by the police with an offence against traffic laws‬ ‭b. Francine can sue Charles in tort for the damage done to her car‬ ‭c. Francine cannot sue Charles in tort if he is found not guilty of the police charge‬ ‭d. a and c‬ ‭e. a or b, but not both‬ ‭Answer: a. Charles may be charged by the police with an offence against traffic laws‬ ‭Answer: b. Francine can sue Charles in tort for the damage done to her car‬ ‭Q‬‭: While cycling, Sarah accidentally collided with another cyclist, Tom, causing Tom to fall and injure his‬ ‭wrist.‬ ‭a. Sarah may be charged by the police with an offence against traffic laws‬ ‭b. Tom can sue Sarah in tort for the injury caused to him‬ ‭c. Tom cannot sue Sarah in tort if he is found not guilty of the police charge‬ ‭d. a and b‬ ‭e. a or c, but not both‬ ‭Answer: a. Sarah may be charged by the police with an offence against traffic laws‬ ‭Answer: b. Tom can sue Sarah in tort for the injury caused to him‬ ‭Q‬‭: Circle the letter which best completes the following statement.‬ ‭The purpose of punitive damages in a tort case is to:‬ ‭a. Compensate the plaintiff for their losses‬ ‭b. Punish the defendant for particularly egregious behavior‬ ‭c. Cover the plaintiff’s medical expenses‬ ‭d. Reimburse the plaintiff for property damage‬ ‭e. Ensure that the plaintiff does not suffer financially‬ ‭Answer: b. Punish the defendant for particularly egregious behavior‬ ‭Q: The principle of "stare decisis" means that:‬ ‭a. Lower courts must follow the decisions of higher courts in similar cases‬ ‭b. Courts can disregard previous decisions if they disagree with them‬ c‭. Each case is decided on its own merits without reference to previous cases‬ ‭d. Judges must consult with each other before making a ruling‬ ‭e. None of the above‬ ‭Answer: a. Lower courts must follow the decisions of higher courts in similar cases‬ ‭Q: A statute enacted by a provincial government in Canada is called‬‭:‬ ‭a. A bylaw‬ ‭b. An ordinance‬ ‭c. A regulation‬ ‭d. An act‬ ‭e. A directive‬ ‭Answer: d. An act‬ ‭Q‬‭: In a civil trial, the burden of proof lies with:‬ ‭a. The defendant‬ ‭b. The plaintiff‬ ‭c. The judge‬ ‭d. Both parties equally‬ ‭e. The jury‬ ‭Answer: b. The plaintiff‬ ‭Q‬‭: Jane entered a department store and was detained by security for suspected shoplifting, even though‬ ‭she had not stolen anything. Jane was held for three hours before being released without charges.‬ ‭Indicate whether the following statements are True or False:‬ ‭T F Jane has a potential claim for false imprisonment against the department store‬ ‭Answer: T (True)‬ ‭Explain the basis of Jane's potential claim: Jane's potential claim for false imprisonment is based on the‬ ‭fact that she was unlawfully detained without her consent and without legal justification. False‬ ‭imprisonment occurs when a person is confined or restrained against their will within fixed boundaries.‬ ‭Answer‬‭: Since Jane was detained for three hours without any charges or evidence of shoplifting, she‬ ‭may have grounds for a claim.‬ ‭Q‬‭: Alan was furious when his neighbor's loud party kept him awake all night, so he retaliated by smashing‬ ‭his neighbor's car windows the next morning.‬ ‭Indicate whether the following statement is True or False:‬ ‭T F Alan has not committed a tort, but he may have committed a crime.‬ ‭Answer: F (False)‬‭. Alan has committed both a tort (intentional damage to property) and a crime‬ ‭(vandalism).‬ ‭Q‬‭: A contract is legally binding if it includes:‬ ‭a. A written agreement‬ ‭b. A verbal promise‬ ‭c. An offer, acceptance, and consideration‬ ‭d. A notary's signature‬ ‭e. All of the above‬ ‭Answer‬‭: c. An offer, acceptance, and consideration‬ ‭Q‬‭: The main purpose of compensatory damages in tort law is to:‬ ‭a. Punish the defendant for wrongdoing‬ ‭b. Prevent the defendant from committing the same act again‬ ‭c. Compensate the plaintiff for losses suffered‬ ‭d. Make an example of the defendant to deter others‬ ‭e. None of the above‬ ‭Answer‬‭: c. Compensate the plaintiff for losses suffered‬