Question
1.Bruce Wayne was interested in buying Arkham Asylum in Gotham. Bruce hired Riddler to provide him with a valuation of the Asylum although Bruce knew
1.Bruce Wayne was interested in buying Arkham Asylum in Gotham. Bruce hired Riddler to provide him with a valuation of the Asylum although Bruce knew from past files that Riddler is less than reliable and somewhat unstable. Riddler is a licensed appraiser but insists that Bruce sign a release before hiring him as Riddler explains that he has been sued a lot in the past for his work. When Riddler does the valuation of the Asylum he assumed that the government paid the same amount for each patient in the Asylum and based on this assumption he informed Bruce that the value of the Asylum is five million. In fact, the government pays different amounts based on the seriousness of the person's crime and the actual value is four million. Bruce purchased the Asylum for five million based on Riddler's valuation and is not pleased to learn that it is really only worth four million.Riddler is an employee of Suicide Squad Evaluators Inc.
a.Considering the three items that the plaintiff needs to prove for a negligence action (duty of care, breach of the standard of care and causation), discuss if Bruce Wayne has a negligence claim against Riddler. Be sure to mention any tests you considered when making this decision. (3 marks)
b.Assuming that Riddler is negligent, discuss whether the employer, Suicide Squad Evaluators Inc. could be sued for their employee's tort. (2 marks)
c.Assuming that Riddler is negligent, what are TWO defences that Riddler or Suicide Squad Evaluators Inc. could use to fight Bruce's negligence claim. Explain why you feel these defences apply here. (2 marks)
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