Question
1) Discuss the two elements required to establish consent as a valid defence to assault and battery. 2) Kenneth has been a regular patron to
1) Discuss the two elements required to establish consent as a valid defence to assault and battery.
2) Kenneth has been a regular patron to Waterloo Jockey Club, on a particular day, the race track excluded him from the premises because he broke the rules of the premises. Kenneth left and showed up again in the Jockey Club the next meeting.
Under which tort can Jockey Club sue? Discuss the elements of the tort and determine whether they are likely to succeed?
3. Chen crammed her unit with so many purchases that it was difficult to walk through the unit. This state of affairs was discovered by the property managers who advised her she has to move her belongings and in fact assisted her to move her items to the storage. An identified third party broke into the storage and stole some property, and Chen threatened to sue the property managers.
Under which tort can she sue? Discuss the elements of the tort and determine whether she is likely to succeed?
4. Reagan was employed as a laborer by the City of Toronto, Ontario. On September 12, 2011, Reagan was sent to the Toronto City Park and instructed to plant a row of saplings along the property line between the City Park and the neighboring property, owned by Janeth. While the city supplied the saplings, Reagan had to provide his own tools and materials. Reagan went to the City Park and began to dig holes for the saplings along what he believed was the city's side of the dividing line between the properties. He was relying on stakes that were erroneously placed by the City of Toronto on Kenneth's property.
After he had dug several holes, Janeth came out of her house and advised Reagan that he was digging on her property. She ordered him to leave. Reagan became enraged and swung his shovel at Janeth, narrowly missing her head. Frightened that Reagan would strike her, Janeth jumped backwards. But she tripped and broke her ankle. She then got up and went inside.
Hobbling, a few minutes later, Janeth returned from her house holding her Beretta 92FS semiautomatic pistol. Pointing the gun at Reagan, who was still packing up his equipment, Janeth shouted, "Get the f off my property now, asshole!" Reagan was pretty scared and immediately jumped in his truck and drove away.
Identify and discuss all the intentional tort:
a. that Janeth might reasonably assert against Reagan
b. that Reagan might reasonably assert against Janeth
Outline their elements and discuss with specific examples from the facts of the question.
5) When does personal emails and postings on the internet become an assault? Discuss
6) Homeowners in Kessing town, a residential area, are considering suing an adjacent golf courses for barraging their properties with misdirected golf balls.
Under which aspect of law can they sue and what elements do they need to establish to be successful?
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