Question
Farmer Umi owns a beautiful property just outside of a small town in northern Ontario. At the very back of his property, there is a
Farmer Umi owns a beautiful property just outside of a small town in northern Ontario. At the very back of his property, there is a trail that ends at his property line. He posted a sign "NO TRESPASSING, VIOLATORS ASSUME ALL RISK". Despite this sign, people were running snowmobiles through his property all night long. Farmer Umi was fuming! He could no longer peacefully enjoy his land. He erected a barbed wire barrier, covered in brush at the edges of his property and had a bigger barrier inside his property. Samantha was operating a snowmobile and was able to avoid hitting the barbed wire barrier, but she slammed into the inside barrier. The snowmobile - out of control - crashed into Farmer Umi's barn and started a fire. Samantha was severely injured from the crash. Farmer Umi started to put out the fire. When Samantha begged Farmer Umi to take her to the nearest hospital, Farmer Umi refused. Samantha was outraged and very hurt from the accident. Samantha held a dull knife close to, but not touching Farmer Umi's throat, threatened him and forced Farmer Umi to give her the keys to his car and help carry her to the car. Samantha made her way to the hospital to be treated for her injuries. Farmer Umi was not successful in putting out the barn fire.
QUESTIONS (1) Identify all of the possible tort actions in this scenario (Hint, you are required to identify at least 5 torts, but there are more than that in this fact scenario). In your analysis, be sure to identify/name the tort, identify the party who can bring an action, and identify the elements of the tort that need to be proven in order to be successful in each claim. Be sure to support your conclusions by applying the facts from the scenario to the elements of each tort claim.
(2) For one of the torts you identified above in question #1, outline what defences can be raised and whether that defence or defences will be successful. When providing your analysis, please make sure you name the defence, explain the elements or requirements of that defence and apply the facts to those elements to help you weigh whether the defence will be successful or not.
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