Read the fact pattern below and answer the following questions in paragraph format.

1. Ms. Smith is very angry.Who will she sue and why?What claim or claims will she make?What does she have to prove in order to be successful for each claim?

2. Can the defendant raise any defences?Explain your answer.

3. You are the judge.Make a decision and explain how you came to that decision.

Ms. Smith has lived in the same apartment for the past 30 years. Her lease includes a locker. She likes to shop and her apartment is cluttered with all of her purchases.Packages are laid throughout the apartment from floor to ceiling. The taps in her kitchen broke and she asked the building manager, Mr. Johnson, to come and repair the taps. When he entered the apartment, he was shocked by the amount of clutter there was.All of the rooms were full of bags and boxes.He told Ms. Smith that he was worried that she would not be able to get out of the apartment quickly if there was a fire.He offered her an extra locker and told her that he would move the bags and boxes into the two lockers.She agreed to have her things moved.

About one month later, there were several break-ins in the locker area.The break-ins occurred while Mr. Johnson was moving Ms. Smith's boxes into the locker area. Mr. Johnson did not tell Ms. Smith about the break-ins or about the goods that had been stolen from other lockers.Nor did he tell her that there was a possibility that goods had been stolen from her lockers.Ms. Smith discovered that her goods were missing several months later.Ms. Smith was able to recover the maximum allowable from her insurance company, but she estimated that there was an additional $30,000.00 worth of goods that were missing.

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Case Two:

Read the fact pattern below and answer the following questions in paragraph format.

1. Mr. Nguyen wants to sue.Who will he sue and why?What claim or claims will he make?What does he have to prove in order to be successful for each claim?

2. Can the defendant raise any defences?Explain your answer.

3. You are the judge.Make a decision and explain how you came to that decision.

Mr. Nguyen went to Sears wanting a refund and got into an argument with the store manager.Mr. Ahmad, a security guard, told Mr. Nguyen that he had to leave the store.Mr. Ahmad took Mr. Nguyen's elbow and began to lead him out of the store.When they got to the exit doors, Mr. Nguyen pushed the security guard away, perhaps to exit through the doors without Mr. Ahmad's assistance.Mr. Ahmad was quick to react.He put Mr. Nguyen into a headlock, knocking off Mr. Nguyen's glass and cutting his lip.He put handcuffs onto Mr. Nguyen and held Mr. Nguyen in the security office.Mr. Nguyen asked to leave several times; he also asked to call his wife and he asked Mr. Ahmad to call the police.All of his requests were denied.After approximately four hours, the police arrived and charged Mr. Nguyen with battery and causing a disturbance.The charges were later dismissed.