Please help answer the following case study questions

Major Manufacturing Company produced a variety of distribution to the various painting areas, then return children's toys in a small plant located in a multiple-unit the drum to the storage area. industrial complex. Most of the products manufactured One day, while an employee was filling smaller were either of a plastic composition or painted metal. containers from an open drum, he was visited by an Consequently, relatively large quantities of flammable executive of a company that purchased toys from Major solvents and paint products were stored on the premises. Manufacturing Company. The executive was making a As a tenant of the building. Major Manufacturing tour of the manufacturing facilities with the marketCompany carried fire and liability insurance on its ing manager of Major Manufacturing Company. At the operations in the amount of $500,000, as well as busi- moment when the marketing manager opened the fire ness-interruption insurance designed to compensate the door to show the visitor the storage area, the visitor; company for any losses arising from the interruption of without thinking and without noticing the large NO the operation due to fire damage. The fire-policy agree- SMOKING sign, took out a cigaretfe and lit it. The fumes ment restricted the storage of flammable products to a in the area immediately ignited, and the resulting fire single room of the plant area, and it prohibited smoking deatroyed the entire complex. The visitor, the empioyee, in that area. Containers of flammable products in the and the marketing manager were all serioush remainder of the plant were to be kept to a minimum, Discuss the ramifications of this incident. Speculate and no container was to be opened in the storage area in as to how the loss may be determined, assuming that directions by taking the large storage drums out of the buidig ower for linsured forlity, fire, and business-interruption the storage room. Once outside the room. they would for losses. When the case came to trial, the evidence estab- On a clear September day, Mario walked across a park- . Whed that the maintenance of the sidewalk outside the ing lot adjacent to his home to buy a newspaper at a I shis the was the sole responsibility of the owner of the convenience store in a shopping plaza. He purchased the store was the sale responaibility of the owner of the the owned inspected the newspaper and left the store, but before he had waiked sidewalk for some months. The sidewalk, while not in more than a couple of feet, his foot struck a raised por- disrepair, had been slightly heaved by the previous spring Mario was unable to work for a month as a result . patrons of the plaza were forced to walk Many of the of his injuries, and he brought an action for damages concrete slabs were raised from 1/2 to 11/4 centimetres, against the tenant who operated the convenience store but some protruded above abutting slabs by as much and the owner of the shopping plaza. For several years, the residents of Smallville had been Quon, a resident of Smallville, who had the teleserved by one prominent pizza franchise, Lotza Pizza, phone number 456-0234 for almost 15 years, began to which had operated in Smallville with the telephone receive a large number of inadvertent callo intended for number 456-1010. This telephone number corresponded Better Pizza. Quon soon tired of receiving these calls to that of the parent company, which was 123-1010 and approached the local Lotza Pizza franchise. He told and was a registered trademark of the company. The the manager about his telephone number and the recurtelephone number figured prominently in the company's ring problem. Shortly thereafter, the Smallille Lotza advertising and jingles. Pizza franchise acquired Quons' telephone number 456 A rival franchise of a competing pizza company 0234 and used it in its business. then moved into Smalliille and established a similar The local franchise of Better Pizza, upon discoveroperation. That company. Better Pizza, also had a ing the use by Lotza Pizza of the number 4560234, trademarked telephone number, which was 222-0234. brought legal action against both the Smalliille Lotza Just like Lotza Pizza, the telephone number played a Pizza franchise and its parent company large role in the company's promotions and was one of Discuss the nature of the action and the rights and the major factors of customer recognition. In Smallville, liabilities, if any, of the various parties involved. What Better Pizza had obtained the number 457-0234. arguments and/or defences may be used, and what Smallville had only two exchanges, 456 and 457 Discuss the liability (if any) of the defendant ands 98 PART 2 The Law of Torts as 4 centimetres. The wlab that caused Mario's fall pro' render, with reasons, a decision truded by approximately 3 eentimatres The tenant who oecupied the convenience store was aware of a "certain unevenness of the slabs." but did not realize that it was hazardous