Assignment #1: identify, analyze and apply the torts knowledge/tests to the situations below.
Discuss the tort liabilities at play.
1. You are walking to George Brown College along King Street just past Jarvis. You are on your way to Business Law class and are now on George Brown campus. Person B, is a pet-walker, and is also walking to GBC with a gila monster and pelican on separate leashes. It was about 8:30 am. At this time, two Volvo transport trucks are driving down King Street with Hlio Gracie doing the "most-epic of splits" between them. Moreover, at this time, a bouncer, Wade Garrett from Gabby's Pub (est. 1989) was blind-sided by a bottle of Jack Daniel's (or John Daniel's, depending on how well Wade knew him) as he was throwing out an intoxicated individual. Wade stumbled out onto King Street and was hit by Tony Montana driving his car. Seeing he hit Wade, and trying to be a "Hero", Tony stuck his head out the car window and exclaimed to Wade, "if my car's messed up, you better have a will," and "streets are for cars." Tony angry at Wade for ruining his car, pulled out a weapon, and said to him, "you better have insurance, life insurance." Hlio Gracie, seeing that Wade was in trouble, conducted the ultimate veteran move and jumped down from the two Volvo trucks and applied a simultaneous "rear naked choke" and "arm bar" to Tony and forced him to calm down (tap out). A calmer Tony Montana, more relaxed, approached Person B and her pet pelican and stated, " here pelican, pelican, pelican," petting it calmly. As Tony petted the pelican, he was bitten by the gila monster. As he was bitten, an angry mob rushed out at him from the Cooking Lab with Ginsu knives and stabbed Tony Montana in the abdomen, which can be fatal. Gila monster bites can also be fatal. Tony Montana then died. While seeing this, Brad and Angelina who were at TIFF, walked by and saw the whole incident. They got freaked out; both had strokes (medically confirmed afterwards) and divorced immediately. At one moment Brad passed out for 6 hours, to which Angelina just stayed there creepily staring at him while he was KO'd. Wade, Wayne and Hlio seeing how creepy the staring was were terrified that Angelina was going to turn into a gargoyle and eat them - so they simultaneously attacked her - resulting in significant abdomen and facial injuries. After this situation, Brad never recovered and developed a confirmed mental disorder resulting in him smoking one-thousand (1000) darts and four (4) bags of ketchup/salt and vinegar chips daily. This caused him to go Val Kilmer and lose his acting career.
Attached is the examples of what needs to be done. Click on the images and it should zoom in and clear up.
AutoSave OFF 2021-01-27-SampleTortsHypotheticalAnswered(1) (2) - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View Grammarly ? Tell me Share Comments Times New... 12 AA Aa v AL AaBbCcDdEe AaBbCcDdEe AaBbCcD AaBbCcDde AaBb G Paste BIU ab X2 Av LVAv Normal No Spacing Heading Heading 2 Title Styles Dictate Sensitivity Open Pane Grammarly Sample Torts Hypothetical A student is walking to George Brown College along Adelaide Street just past Jarvis. He was on his Business Law class. He eventually entered the George Brown campus. It was about 11:30 am. As he passed down Adelaide Street, two people flew out of the Campus Pub and were fighting. One of the people was a Bouncer, named Wade Garrett. He was trying to jab a piece of glass into the face of some drunken person, who was fighting back. As Wade took a thrust at the drunken person, the glass slipped out of his hand and struck the student passing by, right in the abdomen region. The student, seeing the blood and the large piece of glass, immediately went into cardiac arrest. attempt to free up the heart and prevent the cardiac arrest. He tried to palpitate the heart but nothing was happening. Dr. Nick, was not a heart specialist or general surgeon, but a medical ort liabilities at play here. Answered Step 1 = ID the parties: . Student GBC . Wade Garrett - Bouncer . Drunk Person . Dr. Nick Campus Pub . City of Toronto Step 2 = ID all the injuries... a.k.a. the "damage" [1] FROM Wade Garrett/Drunk Person TO Drunk Person/Wade Garrett - "... were fighting..." Intentional Torts . Assault & Battery - they were both fighting with each other - limited info from the hypothetical as to whether there was un-consented touching or damage . Nuisance - fighting is affecting others enjoyment of their property Negligence . No Damage - as such - no negligence [2] FROM Wade Garrett TO Drunk Person - "... trying to jab a piece of glass into the face of some drunken person..." Page 1 of 3 842 words English (Canada) Focus E E 111%AutoSave OFF 2021-01-27-SampleTortsHypotheticalAnswered(1) (2) - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View Grammarly ? Tell me Share Comments Times New... 12 AA Aa v AL AaBbCcDdEe AaBbCcDdEe AaBbCcD AaBbCcDdE AaBb G Paste BIU ab X2 Av LV Av BEEF Normal No Spacing Heading 1 Heading 2 Title Styles Dictate Sensitivity Open Pane Grammarly Intentional Torts .Assault - fear of imminent physical harm - Wade was causing the drunk apprehension that he was going to have a piece of glass jabbed in his face Negligence . No Damage - as such - no negligence [3] FROM Wade Garrett TO Student - "... struck the student passing by, right in the abdomen region. The student, seeing the blood and the large piece of glass, immediately went into cardiac arrest... ended up dieing of cardiac arrest..." Intentional Torts . Assault & Battery - fear of harm coming soon (glass flying through the air to abdomen), then the un-consented physical touching of the glass last touched by Wade hitting the student in the abdomen Negligence .Damage = Yes - student was hit with piece of glass, cardiac arrest, died . Duty = Yes - in a bar fight, people around could get hit by pieces of glass - no public policy reasons to negate this duty Breach of Duty = Yes - a reasonable person in a bar fight would not have used a piece of glass to jab in the face of another person Factual Causation = But for the conduct of Wade Garrett, the Student would NOT have been injured! Thus - there was factual causation! Legal Causation = Wade should have been legally responsible for these damages as these injuries are not too remote to come from a large piece of glass - thus legal causation is there Therefore - Wade Garrett is liable to the Student for the damages. [4] FROM Dr. Nick TO Student - "... opened the glass wound up more in an attempt to free up the heart and prevent the cardiac arrest... palpitate the heart... caught HIV infection from Dr. Nick's knife..." Intentional Torts: .Nuisance - the whole scene likely affected people's enjoyment of their property . Assault & Battery - fear of immanent physical harm - right before Dr. Nick cuts the student (even though he was out) and the battery - the unconsented physical touching - opening up the wound more, palpitating the heart, caught HIV infection Negligence: .Damage = opened the wound up more + palpitated the heart + gave student HIV = Yes Duty = the student was a reasonable plaintiff to Dr. Nick - also - there may be a policy reason here to negate the duty because Dr. Nick was a "rescuer" = Yes Breach of Duty = a reasonable person OR reasonable medical intern would not have cut the student open and palpitated the heart with a ginsu knife = Yes Page 2 of 3 842 words [X English (Canada) Focus E E 111%AutoSave OFF 2021-01-27-SampleTortsHypotheticalAnswered(1) (2) - Saved to my Mac Home Insert Draw Design Layout References Mailings Review View Grammarly ? Tell me Share Comments Times New... 12 AA Aa v AaBbCcDdEe AaBbCcDdEe AaBbCcD AaBbCcDde AaBb G Paste BI U. ab X2 Av LV Av Normal No Spacing Heading 1 Heading 2 Title Styles Dictate Sensitivity Open Pane Grammarly .Factual Causation = But for the conduct of Dr. Nick, the student would NOT have suffered the extra lacerations, the palpitated heart and have caught the HIV = Yes Legal Causation = We should hold Dr. Nick responsible for his actions as the damage suffered here is not too remote and legally speaking he should be responsible = Yes Therefore Dr. Nick is liable for the extra cuts, the palpitated heart and HIV that the student suffered. Page 2 of 3 842 words X English (Canada) Focus E E 111%
