FACT SCENARIO #2

Maggie is an avid recycler, small-scale farmer and outdoor enthusiast. She lives on a small acreage just outside the Edmonton, Alberta city limits. She has really enjoyed her acreage, as it allows her to pursue many of her outdoor passions. The greatest among these are her beloved chickens. On her property, she has several chicken coops and approximately 50 chickens. She uses a few of the eggs they produce for her own use, but most of the bounty is sold at a local farmer's market, once per week.

All was well until Fran, a new neighbor, moved on to the small acreage next door. Fran recently retired from a high stress career as a financial planner, and had been hoping to get away from the pressures of city life. But, alas, it was not to be.

Maggie's chickens get up early in the morning...every morning. At about 5 am, Fran is awake listening to the sounds of cheery clucking and crowing. This would not have be so bad, if she had to be at work at 6am; but not so great for someone hoping to enjoy her retirement. Not to mention, the chickens smell terrible. When the wind blew just the right way, the smell of chicken droppings was easily detectable in both Fran's yard and house.

To add insult to injury, the chickens frequently find their way out of Maggie's yard, and into Fran's. They don't really do any damage, but they annoy the heck out of her. Fran yells and screams to chase them out of her yard. Fran told Maggie that if she continued to let the chickens wander about, she might find that they end up in her roasting pan! Maggie replied that any attack against her chickens is an attack against her, and that should Fran try anything of the kind, she'd better watch her back!

One day, as Fran was trying to herd some of the escapee chickens back to their own yard, she crossed over onto Maggie's property, to ensure the birds was properly corralled in their own

space. Unfortunately, in the process, she tripped over several rolls of chicken wire stacked up near the property line. The wire was quite difficult to see, given the growth of weeds and brush surrounding it. Fran broke her ankle as a result of the fall.

Then came the last straw. A small cesspool of chicken waste on Maggie's property sprang a leak, and the putrid contents flowed over onto Fran's property.

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legal outline including the following with a cited references page:

1) Set out all the torts that have been committed and by whom. Explain the legal rules for each of the torts and apply them to the facts.

2) Determine the potential defendants and set out their defences by explaining the legal rules that apply and then apply them to the fact

3)It is very important that the student makes sure to identify all the legal issues as there are definitely several legal issues that need to be analysed.

4)Please ensure that you are looking at Alberta and Canadian sources while looking directly for primary sources of law such as specific applicable cases or legislation.

5) Indicate all POSSIBLE torts that may have been committed and who might be liable for these torts. Keep in mind that, although negligence is likely one of the torts committed, you should think about intentional torts as well as any other tort issues such as vicarious liability or occupier's liability.