Case Study & Questions

Case Study:

George Vs. Richard

George and Richard live in rural New Brunswick. One afternoon, George wandered onto Richards property while walking his dog. Richard caught George and sued him for trespassing. George defended that he was unaware that he had crossed the property line. What is the likely outcome?

Question:

Who do you think will win this case? George or Richard. Please explain why.

Case Study #2:

Hamptons Vs.????

Mr. and Mrs. Hampton went to a restaurant and ordered the roast duck dinner for two. When they began their dinners, they found that the duck was frozen in the middle. They ate what they could of the dinner but complained to the waiter. The waiter listened but merely gave them the bill for the entire cost of the dinner. Mr. Hampton put half of that amount on the table and began to leave. The waiter and the manager caught up to him before he reached the front door, and although they allowed Mrs. Hampton to leave, they restrained Mr. Hampton. Furthermore, the manager called the police, who, after listening to the waiter and Mr. Hampton explain just what happened, arrested Mr. Hampton, and took him to jail. Mrs. Hampton bailed him out within three hours. Mr. Hampton decided to sue.

Question:

Who could/would Mr. Hampton sue?

What tort(s) and/or reasons would Mr. Hampton reference based on your answer to question #1. Please explain.