LAW 2003 TORT ASSIGNMENT Due: At the beginning of class on June 8, 2017. Task: Analyze the following problem and report your conclusions in paragraphs.
Your answers should explain the relevant law and apply it to the particular
facts of the case. You should refer to any relevant precedents that are
discussed in the text. When explaining an intentional tort, you should
define the tort and discuss whether all the requirements of that tort have
been met. When discussing negligence, you must discuss all the
requirements of a successful lawsuit even if you conclude that a lawsuit
would not be successful. Remember that you are demonstrating to me
that you understand the subject so a complete explanation is necessary.
Your answers must be typed and marks will be deducted for serious
errors of spelling and grammar. Length: Approximately 1500 words Marks:
Late Penalty: This assignment is worth 15% of the final grade.
2% per day and papers will not be accepted after 5:00 p.m. on June 14.
Late papers may be handed in through email. I will acknowledge receipt
so if you don’t hear from me; I didn’t receive your work. It is your
responsibility to ensure that I do receive your assignment. Assignments
handed in online will be marked but will not receive comments. If you
would like comments you must give me a hard copy. This is an individual assignment. Please note that all quotations must be set off in
quotation marks and must be footnoted. Failure to do so is
plagiarism and will result in a grade of zero. Cases and legislation
must have in text citations. Do not lend or borrow notes or papers.
Duplicate papers will both fail. To be sure that you understand the
rules regarding academic honesty, please watch the Library’s
Academic Honesty presentation. You will find a link on Blackboard
to the website.
OBJECTIVES: To demonstrate an understanding of tort law.
To learn how to use a legal search engine to find a statute and to
understand the application of statute law to a fact situation.
To demonstrate an understanding of the role of precedent in
reaching legal decisions. Disaster Day
Jennifer, who is an accountant, has consulted you. She recently had a rather bad day
and fears that she has exposed herself to liability in tort law. Her colleagues, Anderson Cooper
LLP, who are auditors, are also worried about their professional liability. Explain what torts may
have occurred. Define each tort and explain the extent of everyone’s liability. Explain how
damages, if any, would be calculated. If there are any torts of negligence, include in your answer an explanation of all the steps which must be proved in any negligence action as well as
any possible defences. Be sure to apply the rules to the fact situation.
1. Jennifer works from her office which she rents in an office building. Last week
her assistant, who was extremely valuable to her, was hired away by a competitor. She
hired a temporary secretary, Graham, to fill in but he is not very satisfactory. Two weeks
ago she noticed that the carpet in the hall was frayed and thought that it ought to be
repaired. On Graham’s first day she told him to get in touch with the landlord about it but
Graham forgot to do so. (Three marks) 2. Yesterday it seemed that everything went wrong. Jennifer had brought her dog, which
is normally very friendly and well behaved, to work with her. A client, Kate, arrived for a
scheduled meeting bringing her three year old child with her explaining that her daycare
arrangements had fallen through. While Jennifer and Kate were discussing terms of
their proposed contract, they did not notice that the child was playing the dog’s tail.
Suddenly there was a loud growl from the dog followed by screams from the child. It
turned out that the child had been nipped by the dog and had a very small cut. Kate was
very upset and rushed out to take the child to the doctor. Jennifer has learned that the
child was all right and had not needed stitches. Her dog’s vaccinations were all current.
Unfortunately, in Kate’s hurry she caught her foot in the frayed broadloom at the entry to
the office and fell. Kate broke her arm. (6 marks)
3. Just then an irate client, Richard, arrived. Richard was furious because CRA has told
him that he owes another $25 000 in income tax and he thinks that Jennifer must have
made mistakes when preparing his return. When Jennifer refused to compensate him,
Richard shook his fist at her and yelled, “If you weren’t a woman, I’d beat you up.”
Panicked, Jennifer grabbed a heavy vase from her desk and, as Paul, her assistant
rushed in, Jennifer hit Richard over the head. Richard was seriously hurt. (5 marks)
4. Having heard all the commotion, security arrived. A new client, Rand, had just arrived.
Although wealthy, Rand dressed in old clothes. The security guard took one look at him
and assumed that he was the cause of all the trouble. The security guard ordered Rand
to return to the security office to wait for the police. Rand went because the security
guard was very large. Rand was detained for 20 minutes and then allowed to depart.
As Rand left the building, he was stuck in the elevator for more than two hours. The
elevator had been serviced two weeks earlier but the workers had failed to fix the known
problem with the doors. A friend of Jennifer’s has just told her that Rand posted very
negative comments about her on Facebook. He said that she was incompetent and
criminal and that her business should be boycotted. (7 marks)
5. Jennifer shares office space with a firm of auditors, Anderson Cooper LLP. That firm is
also facing potential legal problems. One of its clients was Watson Inc. which had
operated in Ontario for several years. Last year it moved its account to the Ontario
Business Bank (OBB). Before accepting the account, the OBB asked Anderson Cooper
for a copy of Watson Inc’s audited statements. These were turned over to the OBB with
Watson’s consent. The accounts showed a history of increasing profitability. On the
basis of this information the OBB lent $5million to Watson Inc.
Shortly afterwards, Watson Inc. ran into financial difficulty and was forced into
bankruptcy. Its debts exceeded $7 million. The bank brought an action against Anderson Cooper for negligence. The bank
established that the audited statements for the preceding years were inaccurate,
carelessly prepared and that Watson Inc. had been in serious financial difficulty at the
time CBB accepted Watson Inc. as a client.
All the financial statements included a clause which stated that the auditors had followed
IFRS. (9 marks)
Analyze each incident and determine whether tort liability has arisen for Jennifer, the
auditors and any of the clients. Explain your answer defining each tort and discussing the extent
of everyone’s liability. Explain how damages, if any, would be calculated. If there are any torts
of negligence, include in your answer an explanation of the steps which must be proved in a
negligence action. You must also examine the possible liability of the auditors under the
Securities Act.
Hint: In addition to the Occupier’s Liability Act, there is a Dog Owner’s Liability Act.
A very useful legal search engine can be found at: https://www.canlii.org/

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