FACTS Donald is the owner of Prius Taxi Service (PTS), a small taxi company operating in...
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FACTS Donald is the owner of Prius Taxi Service ("PTS"), a small taxi company operating in the town of Canmore. He employs several drivers, including Katya. Katya had four years of experience driving a taxi when Donald hired her, so he did not feel the need to provide any training or instructions to Katya on how to do her job. She has been driving for PTS for a year. Tessa is a frequent customer of PTS. She has no license, and is often intoxicated. Katya has driven her on many occasions. Sometimes Tessa asks Katya to run errands for her when she feels "too wobbly" to get out of the car and pick up milk or cigarettes herself. Katya has done so, with no problems. In August, Katya picked up Tessa at her home. As they were driving to their destination, Tessa saw a fruit stand and asked Katya to pull over so that she could get some fruit. Katya obliged. Tessa asked Katya if Katya would buy the fruit for her for the usual reason, "wobbliness". Katyal could see that Tessa was drunk, and she agreed. She got out of the car, leaving the keys in the ignition and got into line at the fruit stand. 1 School of Continuing Education 2021, Southern Alberta Institute of Technology $8 SAIT BUSINESS LAW A few minutes later, she heard the engine revving and Tessa drove into the line injuring several people ("the Customers"), including Katya. Tessa said she had become confused and tried to drive away. The Customers sued Tessa, Katya, PTS and Donald. Katya also sued Tessa. Answer the following questions, and explain your answer in each case> Make sure you discuss not just the legal principles involved but tie them in to the specific facts. 1. Does Katya owe the Customers a duty of care? (3marks) 2. Has Katya breached the standard of care? (4 marks) 3. Did the Customers suffer damage? If so, what type of damages might they be likely to claim given the probable injuries. (3 marks) 4. Assumie the answer to #2 is affirmative. In legal terms, would the damage have been caused by the actions of Katya? (2 marks) 5. Is PTS liable to the Customers? (3 marks) 8. Are there any defenses available to Tessa in regard to the lawsuit against her by Katya? (2 marks) FACTS Donald is the owner of Prius Taxi Service ("PTS"), a small taxi company operating in the town of Canmore. He employs several drivers, including Katya. Katya had four years of experience driving a taxi when Donald hired her, so he did not feel the need to provide any training or instructions to Katya on how to do her job. She has been driving for PTS for a year. Tessa is a frequent customer of PTS. She has no license, and is often intoxicated. Katya has driven her on many occasions. Sometimes Tessa asks Katya to run errands for her when she feels "too wobbly" to get out of the car and pick up milk or cigarettes herself. Katya has done so, with no problems. In August, Katya picked up Tessa at her home. As they were driving to their destination, Tessa saw a fruit stand and asked Katya to pull over so that she could get some fruit. Katya obliged. Tessa asked Katya if Katya would buy the fruit for her for the usual reason, "wobbliness". Katyal could see that Tessa was drunk, and she agreed. She got out of the car, leaving the keys in the ignition and got into line at the fruit stand. 1 School of Continuing Education 2021, Southern Alberta Institute of Technology $8 SAIT BUSINESS LAW A few minutes later, she heard the engine revving and Tessa drove into the line injuring several people ("the Customers"), including Katya. Tessa said she had become confused and tried to drive away. The Customers sued Tessa, Katya, PTS and Donald. Katya also sued Tessa. Answer the following questions, and explain your answer in each case> Make sure you discuss not just the legal principles involved but tie them in to the specific facts. 1. Does Katya owe the Customers a duty of care? (3marks) 2. Has Katya breached the standard of care? (4 marks) 3. Did the Customers suffer damage? If so, what type of damages might they be likely to claim given the probable injuries. (3 marks) 4. Assumie the answer to #2 is affirmative. In legal terms, would the damage have been caused by the actions of Katya? (2 marks) 5. Is PTS liable to the Customers? (3 marks) 8. Are there any defenses available to Tessa in regard to the lawsuit against her by Katya? (2 marks)
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