Class Exercise Module 10 (Tort Law & Environmental Law)

A foundry operated for many decades, producing smoke from its operations without complaint from its industrial neighbours. An automobile transport company then acquired vacant land next to the foundry for the purpose or storing new automobiles pending shipment. Particles from the smoke caused damage to the finish of the stored automobiles.

What action can the transport company bring?

What defence(s) might the foundry raise?

What is the likely outcome?

Remember trucker Barry Hart from Module 1, where he began a trucking operation? His former employer Ace Express alleged that Hart stole its customers for his own benefit & Ace lost significant potential income.

What is/are the likely remedies Ace Express is seeking?

What must they prove to be successful?

Hart suggested in his defence that one of his employees contacted Aces customers and not him. Is this defence likely to succeed? Discuss.

Since the judge hearing the above case did not appear at all sympathetic to Hart, Hart became despondent and out for a few drinks at a local bar. Since he had been under a great deal of stress because of the Ace lawsuit, he had only been eating sporadically and was taking tranquilizers. After a few drinks, Hart became loud and belligerent. The bartender refused to serve Hart any more drinks and offered to call him a taxi to drive him home. Hart refused and demanded another drink. The bartender again refused and came from behind the bar and asked Hart to leave. When he refused, the bartender put a headlock and armlock on Hart and escorted him out of the bar. Once outside, Hart took a swing at the bartender with his free arm but missed, stumbling in the process and falling against a parking meter, suffering a serious head injury. Hart wishes to bring legal action for his injuries

What type of lawsuit might Hart bring?

Who would he sue?

What defences might be raised by the defendant(s)?