Question
1. Discuss the three levels of intent that can constitute negligence and provide an example for each. 2. Henna is from a culture where a
1. Discuss the three levels of intent that can constitute negligence and provide an example for each.
2. Henna is from a culture where a married woman cannot have any physical contact with a male other than her husband. George is not aware that Henna is from this culture and gives her a handshake after she has completed a job interview. Would Henna be successful in suing George in tort for battery for the unwanted touching of her hand? Would she be successful if she attempted to have him prosecuted for the crime of assault?
3. Gina decides that she would like to make the same kind of profit as Coach Accessories, a designer of expensive and very posh handbags with a distinctive style. Gina designs a handbag that very closely resembles the Coach handbag, but she emblazons a lowercase "c" on them instead of a capital "C," which is the Coach logo. Gina sells her handbags for $25 less than the Coach handbags. Gina is now being accused of passing-off. Discuss the likelihood that Coach Accessories would succeed in an action against Gina for passing-off.
4. Bob and Morris are next-door neighbor's. They get along relatively well but Bob loves to entertain during the week. To create the perfect mood for his night guests, Bob had special flashing lights built into his backyard patio. Morris has told Bob that the lights are disturbing his ability to sleep on several occasions. Bob has continued to entertain in this manner at all hours of the night (and almost every night). Discuss the most appropriate action that Morris can commence against Bob.
5. Can force be used while making a citizen's arrest? Explain using the Ontario Court of Appeal analysis in R v Asante-Mensah using the link - https://www.canlii.org/en/ca/scc/doc/2003/2003scc38/2003scc38.pdf
6. Drucilla caught Doug yet again trespassing on her property. Several weeks ago, Doug had begun jumping her fence and taking a shortcut through her backyard to get to his home on the other side of the block. Each time, he would take three to four apples from Drucilla's apple tree before exiting. This time, Drucilla confronted Doug and demanded that he leave. Irritated, Doug told Drucilla that he would leave when he felt like it, turned his back to her, and began gathering apples. Drucilla then picked up her son's baseball bat and hit Doug across the back as he was gathering the apples. Doug has commenced an action against Drucilla for battery. Drucilla's defense is the defense of her property (the unauthorized use of her fence and the taking of her apples as her property). Discuss whether Drucilla's defense will likely succeed.
7. What are the tort remedies - general damages, special damages, punitive damages and aggravated damages?
8. Explain the elements negligence.
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