Assignment 4: Other Torts

1) Simon works as a security guard in a high-end department store, Bic's. One day, a customer approaches him and says, "I saw a woman with red hair and a yellow jacket shoplifting in the perfume department. I just thought I should tell someone." Simon immediately heads over to the perfume department and sees a woman with red hair wearing a yellow jacket. He also notices a bulge in her coat pocket that looks suspiciously like a box that many perfumes are sold in. He approaches her and says, "Excuse me, but you'll have to come with me. This store does not tolerate shoplifters. I will be calling the police. Please come with me to the back room. Please don't make a scene." He takes her by the arm and leads her into a back room. The woman, Yoko, takes a seat. Simon leaves the room but does not lock the door. Yoko thinks of making a break for it, but decides not to. When the police arrive, it turns out that the bulge in Yoko's coat was her pet guinea pig, Boota, and she had not, in fact, stolen anything from the store.

Questions:

a) What tort has Simon possibly committed? (1 mark)

b) Has that tort been committed? Explain why or why not. (List the elements of the relevant tort and explain why those elements are or are not satisfied) (3 marks)

2) Gwen had a contractor, Stacey's Contracting, remodel her kitchen for her. When the job was finished, Gwen noticed that everything was perfect except that the tiles on the backsplash were actually "snow drift" white instead of the "wild sand" white she had specifically asked for. She was furious with the mistake and immediately took to Twitter and tweeted, "Never use Stacey's Contracting! They used the wrong tiles for my backsplash! I think they're a bunch of idiot amateurs with one brain cell to share between them!"

Questions:

a) What tort has Gwen possibly committed?

b) Has that tort been committed? Explain why or why not. (List the elements of the relevant

tort and explain why those elements are or are not satisfied) (3 marks)

3) Lawrence owns a bungalow. His next door neighbours have a two-storey house. Every few days, his neighbours sweep their second-floor balcony causing dust, dirt, cigarette butts, and bottle caps to fall onto Lawrence's deck. Lawrence has tried to tell them not to sweep them onto his deck, but the neighbours continue to do so.

Question:

a) What tort have the neighbours possibly committed?

b) Has that tort been committed? Explain why or why not. (List the elements of the relevant tort and explain why those elements are or are not satisfied) (3 marks)