chapter 5, case study 4

CASE Thompson operated an ice-cream truck owned by Smith Foods Ltd. During the summer months Thompson across the street to where the truck was parked, and travelled throughout the residential areas of a large city each ordered a different ice-cream product. Thompson selling ice-cream products. Thompson's principal cus- served Alberta first, and then turned to serve her tomers were children, and Thompson would drive along brother. At that instant, Alberta ran into the street, with the streets ringing a series of bells attached to his truck the intention of returning home, and was struck by a car to signal his arrival in the area. driven by Donaldson. n Alberta was seriously injured as a result of the acci- Alberta, a five-year-old child, and her brother were dent and an action for damages was brought against regular customers of Thompson. On the day in ques- Thompson, the operator of the ice-cream truck, Smith tion the two children heard the bells that signalled the Foods Ltd., the owner of the truck, and Donaldson, the approach of Thompson's ice-cream truck. Martha, owner and driver of the automobile. Alberta's mother, was talking to her husband on the Discuss the basis of the action on Alberta's behalf telephone at the moment that the ice-cream truck against the owners and drivers of the vehicles, and arrived. In response to the cries of her two small chil- determine the basis of the liability of each party under dren for money to buy ice-cream, she gave them enough the law of torts. money to buy an ice-cream bar each. The children ran Render a decision