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    Week 4 - Questions

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    Charvi jain

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    © All Rights Reserved
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    Week 4 - Questions

    Uploaded by

    Charvi jain
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    Week 4 - Questions

    Uploaded by

    Charvi jain

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    1

    WEEK #4 DISCUSSION QUESTIONS

    QUESTION #1

    Larry was in a skiing accident and suffered a serious back injury. Surgery was not
    necessary but he would have to do extensive therapy to recover full movement. He
    went to GTA Medical Clinic for his rehabilitation. His doctor was Omar, and to-date
    therapy was going well. During one of his therapy sessions, Omar was distracted and
    carelessly performed a procedure that made Larry’s back injury much worse. As a
    result, Larry must now undergo expensive back surgery.
    Prior to Larry’s back injury, Larry was a professional basketball player and had signed a
    $500,000 contract to play for the Continental Basketball League (“CBL”). Since Larry
    can no longer play basketball, his contract with the CBL was cancelled.
    Larry is suing Omar for the tort of negligence, claiming $500,000 in damages for the
    loss of his basketball playing contract. The evidence at trial will show that Larry’s back
    injury from the skiing accident (before he was treated by Omar), rendered Larry unable
    to play basketball. In other words, even if Omar had not been careless in treating Larry’s
    back, Larry would still have lost the $500,000 contract.
    A. Did Omar owe Larry a duty of care? Explain and support your answer.

    B. Did Omar breach the Standard of Care? Explain and support your answer.

    C. Did Omar’s carelessness cause Larry to lose the $500,000


    contract? Explain and support your answer.
    D. Can Larry sue GTA Medical Clinic and, if so, on what legal basis? Explain
    your answer by (a) identifying the legal issue; (b) stating the law or legal
    test; (c) applying the law to the facts; and (d) conclusion.

    DO NOT ANSWER ALL THE ABOVE QUESTIONS. ANSWER EITHER A,B,C


    or D.

    Copyright 2020 Nick Iannazzo. All Rights Reserved. E.&O.E.


    2

    QUESTION #2
    Saturn Garage Doors Inc. (“Saturn”) is a company that installs garage doors. Norm
    hired Saturn to install a new garage door in his home. Saturn sent its employee,
    Liam, to do the installation work. Unfortunately, Liam was careless installing the garage
    door -- he installed the door too close to the garage’s ceiling and the tracks that held up
    the garage were not firmly bolted to the ceiling. As a result, the garage door got stuck
    the first time Norm tried to open it. Norm did not have the time to wait for Saturn to
    send someone to fix the problem, so Norm decided to fix it himself. Norm had no
    training nor experience fixing garage doors. When Norm tried to fix the garage door, he
    carelessly pulled on it and the entire door came crashing down on top of him. Norm had
    a history of concussions. So, when the garage door fell on top of him he got a serious
    concussion. This last concussion resulted in Norm being permanently disabled such
    that he will never work again. If he had not had the previous concussions this last head
    injury would not have been that serious.

    A. Can Norm sue Liam for his injuries and, if so, on what legal basis? Explain
    and support your answer by (a) identifying the legal issue; (b) stating the
    law / legal test; (c) applying the law to the facts; and (d) conclusion.
    B. Can Norm sue Saturn for his injuries and, if so, on what legal basis?
    Explain and support your answer by (a) identifying the legal issue; (b)
    stating the law / legal test; (c) applying the law to the facts; and (d)
    conclusion.
    C. What is the legal significance to Norm’s pre-existing concussion? Explain
    and support your answer.
    D. What defence(s), if any, can the defendants (Liam and Satury) raise in
    response to Norm’s lawsuit? Explain and support your answer.

    DO NOT ANSWER ALL THE ABOVE QUESTIONS. PICK ONLY ONE (A or B or C


    or D).

    Copyright 2020 Nick Iannazzo. All Rights Reserved. E.&O.E.


    3

    QUESTION #3
    Please read Case Study #7 (Funch Gum Company, Cigarette Company & Clint) at the
    end of Chapter 6 and answer the questions posed.

    QUESTION #4
    Please read Case Study #8 (Fly in the Bottled Water) at the end of Chapter 6 and
    answer the questions posed.

    QUESTION #5

    Please read Case Study #5 (Pia & Canadian Red Cross Society) at the end
    of Chapter 6 and answer the questions posed.

    Copyright 2020 Nick Iannazzo. All Rights Reserved. E.&O.E.


    4

    QUESTION #6
    Green Giant Groceries Inc. (“GGG”) is a grocery store. Lucy is a customer and is in the
    store shopping. While walking in one of the aisles, Lucy received a text and so she
    read it while walking, and then started typing a response while walking. Lucy was not
    paying attention to where she was going and tripped over a box of canned soup that
    had carelessly been left on the floor by Natasha, one of GGG’s employees that stocks
    the shelves. Lucy broke her arm and suffered a concussion. Lucy wants to sue for
    her injuries and losses.

    A. Can Lucy sue Natasha for her injuries and, if so, on what legal basis?
    Explain and support your answer by: (i) identifying the legal issue(s) (ii)
    stating the relevant law or legal test; (iii) applying the law to the facts; and
    (iv) conclusion.
    B. Can Lucy sue GGG for her injuries and, if so, on what legal basis? Explain
    and support your answer by: (i) identifying the legal issue(s) (ii) stating the
    relevant law or legal test; (iii) applying the law to the facts; and (iv)
    conclusion.
    C. What defence(s), if any, can the defendants (Natasha & GGG) raise in
    response to Lucy’s lawsuit? Explain and support your answer.
    D. Assume that Lucy tripped over a bag left on the floor by another customer
    in the store (not GGG’s employee). Make a legal argument other than
    negligence (do not argue negligence) that GGG is liable? Explain and
    support your answer by (a) identifying the legal issue; (b) stating the law /
    legal test; (c) applying the law to the facts; and (iv) conclusion.

    PLEASE DO NOT ANSWER ALL THE ABOVE QUESTIONS. PICK ONLY ONE (A or
    B or C or D ).

    QUESTION #7

    Please read Case Study #9 (Claire & Darius' Garage) at the end of Chapter
    6 and answer the questions posed.

    Copyright 2020 Nick Iannazzo. All Rights Reserved. E.&O.E.

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