Please respond directly to the issues$/$questions$.$ Since these are decided cases, your answers are either YES or NO supported with explanations. $1$

Wk$7$ Cases and Problems

Case$1$

James incorporated a business, J Wine & Bar. He hired his friend, Douglas, to act

as bouncer during nighttime service. Ricky, who is an IT professional, went to a

bar to unwind from the stress and pressure of work. With pity misunderstanding

with the bar$$s crew, he was told to leave by the bouncer. Without provocation with

the bouncer, he suffered a beating and fractured nose. The supervisor supported

the action of the bouncer and said that he has the right to use force which he

deemed necessary to persuade Ricky to leave the premises.

Issue: Please comment on the issues of trespass, assault, battery, and vicarious

liability, if there is any.

Case$2$

Jose purchased a second$-$hand riding lawnmower from the manufacturer, ABC Inc.

Before using the mower, Jose opened the hood to fill up the gas tank. He took off

the cap and placed it on the tank. He started to pour in the gas. He had to stop to

get the cap when it rolled off the tank. He again placed in the hood and continue to

pour the gas into the tank. The cap again rolled away and, this time, it hit the

battery and caused a spark that ignited the gasoline fumes. As the fire started, he

dropped off the gasoline container that he was holding on and spilled the gas which

resulted in a blazing fire that destroyed his garage and home. ABC Ltd$.$ is aware

of the problem since there were several incidents and lawsuits. To address this

problem, ABC Inc. manufactured a battery$-$covered and provide a safety kit to its

customers. Jose was not aware of this issue nor receive a copy of a safety kit.

Issues: Does ABC Inc owe a duty of care? Is the duty of care foreseeable?

Does ABC Inc solution meet the standard of care?

Case$3$

The City Government built an enclosure, with a key on it$,$ around the electric

transformer to prevent unauthorized trespassers from encroaching, due to its

danger in nature. The electric transformer was located in the parking lot of the

abandoned supermarket. The parking lot had become a playing ground to the

children. Without knowing, an eight$-$year$-$old child was able to climb up a power

$2$

pole over the fence and was injured when he came into contact with a live power

wire. The injury is so serious, and the child$$s arm was amputated. In determining

who is responsible of the property, the court determines through Alberta

Occupiers$$ Act.

Issues: Who is occupier of the property? Is the occupier liable for negligence?

Case$4$

One afternoon, the plaintiff $($P$)$ and her husband were out driving for picnic

together with their three children. They pull$-$over in a lay$-$by$,$ a designated pave

area beside a main road where cars can stop temporarily, for a picnic and the

plaintiff took one of the children across the road to pick flowers. The defendant,

Mr$.$ Berry $($D$),$ was driving recklessly and crashed into the couple$$s van, where the

plaintiff$$s husband and the other children were preparing. The plaintiff$$s husband

was seriously hurt by the crash and died at the scene a few hours later while most

of the children suffered injuries. The plaintiff witnessed the entire event and its

aftermath, developed long$-$term $$morbid depression$,$ consequently.

Question $1$: Please state the four basic elements of negligence.

Question $2$: Plaintiff sued Mr$.$ Berry for the cost and damages as a result from

nervous shock that she suffered due to the negligence of the Defendant. Please

state your reasons.

Case$5$

The Province of Saskatchewan hired a courier to deliver an envelope to a land

registry office in British Columbia $($BC$).$ Unknown to the courier company, the

envelope contained a document relating to land owned by the plaintiff. If delivered

on time, the document would have enabled the plaintiff to complete the sale of its

land. The courier company was unreasonable slow and delivered the document too

late. Consequently, the plaintiff was unable to perform the contract of sale, and it

suffered a loss of huge amounts.

Issue: The Plaintiff sued the courier company for the loss suffered as well

related incidental expenses. Does the action of the Plaintiff prosper? Please

state your reasons.

$3$

Case$6$

When Ms$.$ M is about to replace the empty bottle of drinking water with a full one,

Ms$.$ M saw a dead fly and part of another dead fly in the unopened replacement

bottle. Obsessed with the event and its implications for the health of her family,

she developed a major depressive disorder, phobia, and anxiety. With this, she

sued the supplier of the bottle of water, Bottled Enterprise, for psychiatric injury

sustained as a result of seeing the dead flies in the bottled water.

Issue: Does action of Ms$.$ M prosper? Please state your reasons.

Case$7$

Allan carelessly drops a log in the road, and he does not bother to r