1. Fred Flint lives in a detached home that backs onto an elementary school. Children playing in the schoolyard often lose their toys in his backyard, but his Doberman Rex ensures that the children don't climb his fence to get their toys back. Every Friday during the school year, Fred collects all the toys that have accumulated in his yard during the week. On the first Saturday of each month Fred has a yard sale where he sells the toys that the children have lost.

One of the children, Margaret, is tired buying back her frisbees and baseballs from Fred Flint, so instead of spending her allowance on that she decides to take a dog tranquilizer from her dad's office (he's a veterinarian).One sunny Friday lunchtime Margaret casually throws a lump of hamburger meat over the fence. Rex devours the meat and is sound asleep in half an hour.For the next 15 minutes Margaret and two of her friends climb into Fred's backyard and throw toys back over the fence into the schoolyard. By the time lunch is over there are no toys and no children left in the yard. Rex is still asleep. After school when Fred heads into his backyard to collect the toys he is astounded to see that the yard is empty. He knows that there were toys there earlier that day because he noticed them when he looked out his kitchen window. Rex sleeps for another three hours, but he is fine when he wakes up.

1. Please identify only one intentional tort that Fred may have committed. Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook. (4 marks)

1. Please identify only one intentional tort that Margaret may have committed. Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook. (4 marks)

1. Samuel Chu was working at the Sobeys grocery store as a store security guard. Samuel was watching a woman pushing a stroller which contained a beautiful sleeping toddler. In fact, Samuel was pretty sure that he had seen this toddler's picture on some baby products in aisle 3. As soon as the woman and toddler got in line for the cash register, another woman approached Samuel and said that she saw a woman putting groceries in the basket underneath the stroller and didn't think that the woman was going to pay for them.

Samuel looked at the bottom of the stroller and noticed that there were several grocery items in the basket under the seat. As soon as she left the store, Samuel approached the woman pushing the stroller and asked her about the items. She claimed that she had no idea they were there. Samuel was sceptical especially because of the tip he had been given, so he ordered the woman to accompany him to the store's security office where they both watched video footage of her toddler, Pamela, gleefully pulling things off low shelves and flinging them under the stroller while her mother's back was turned. As soon as her mother turned to the stroller, Pamela would close her eyes and pretend to sleep.

As they watched the footage the woman exclaimed, "My child is such a good actor that she even fooled me. No wonder she keeps getting cast in commercials!"A moment later as she watches the video, she cries out in surprise, "Wait a minute isn't that Lettie Long? Funny, I didn't see her in the store." Samuel was satisfied that the mother really didn't know that the groceries were at the bottom of the stroller. Pamela's mother returned the items to the store and Samuel let her leave.

Samuel did a bit of research and learned that the tipster, Lettie Long is the mother of a toddler who often competes, unsuccessfully, against little Pamela for modeling jobs and commercials.Samuel, who does not like to be made a fool of, immediately uploaded the video of Lettie Long to a popular social media site. He gave the video a great title, "Woman Frames Toddler to Get her Kid in the Picture" and in his voiceover he explained what Lettie Long had done.

1. Identify one tort that Lettie Long may have committed. Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook. (4 marks)

1. Identify only one tort that Samuel may have committed. Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook. (4 marks)

1. On what basis may Sobeys be held liable for Samuel's actions? Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook. (3 marks)

1. Kevin Larson lives in a semi-detached home with his dog Queen Catherine, a poodle. The attached home is owned by a man who recently took a job overseas and rented his home to Cathy Tyson.

Cathy works long hours during the week and is rarely home, so she hasn't met many of the neighbours. Kevin was one of the first owners of a home on the street and he walks his dog twice a day, so he knows practically everyone on the street.

Kevin is chatting to his neighbour Joe when Cathy walks by. Cathy hears Kevin tell Joe that Cathy is getting fat because she eats too much and wants to sit on the couch all day long. Cathy immediately stops to confront Kevin yelling obscenities at him and telling him to mind his own business. She is very angry to find him talking about her weight. She says that she is a boxer and she will box Kevin's ears if she finds him talking like that again.

Kevin and Joe are stunned by her anger. They don't know why she is so mad. They were talking about Kevin's dog. Kevin is also puzzled because he didn't know his neighbour owned a boxer. He has never seen or heard it. Kevin, who loves animals, goes home worried and calls the SPCA (Society for the Prevention of Cruelty to Animals) to report his neighbour for never taking her dog outside and leaving it alone all the time. Three days later he sees Joe again and Joe explains that she didn't say that she has a boxer, but that she is a boxer.

1. Are there any grounds for a civil action against Kevin? Please identify only one intentional tort that Kevin may have committed. Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook. (4 marks)

1. With reference to the fact situation and the law as discussed in chapter 1 of the textbook identify one possible defence Kevin would have to that tort. (4 marks)

1. Are there any grounds for a civil action against Cathy? Please identify only one intentional tort that Cathy may have committed. Support your answer with reference to the fact situation and the law as discussed in chapter 1 of the textbook. (3 marks)

1. Lorena and Terry were talking to each other as they took a walk. Lorena told Terry, "My brother is addicted to games. My mom took his phone away because he racked up a $400 bill, so he watched me to get my password, then took my phone when I was asleep. He was playing games on my phone in the bathroom; when he heard my mom coming he got scared and dropped my phone in the toilet. It's completely wrecked."

1. What intentional tort does it appear likely that Lorena's brother has committed? Be specific and explain your answer, with reference to the fact situation and the law.

(4 marks)

Unintentional Torts

1. Lily-Wu Lai was going to the Longo Brothers grocery store. She had been stuck at home the day before because of a big ice storm, but she really needed to buy groceries. She had a long list of things to buy. She parked and walked into the store. There were thick floor mats at the front of the store and Lily-Wu dutifully wiped her feet on the mats. The mats were changed every half hour. Each time she bought an item she stopped walking, looked at her cellphone, and checked it off her list. When she got to aisle 6 there was only one container of cream of broccoli soup left and it was at the back of a very low shelf. Lily-Wu bent down and reached out to grab the soup when she was suddenly struck by a cart pushed by another shopper, Carolyn Smith.Carolyn was extremely apologetic and explained that she hadn't seen Lily-Wu because her cart was stacked so high with bags of salt and ice remover that she couldn't really see over them.

The screen of Lily-Wu's cellphone was cracked when Lily-Wu fell. She paid $275 to have the screen replaced. Lily-Wu has also had 8 physiotherapy treatments at a cost of $100 each.She missed a full week of work (she is paid $1065 per week) and had to buy a set of crutches for $75.She also needs 3 more physiotherapy treatments.

1. On what basis might Carolyn Smith be held liable for Lily-Wu 's injuries? Support your arguments with reference to the facts of the scenario and the law as discussed in chapter 2 of the textbook. (4 marks)

1. Based on the information above, calculate the pecuniary damages that Lily-Wu will claim. Ensure that you set out each item and corresponding cost and provide a total amount to be claimed. (4 marks)

1. Lana Morelli is a newly qualified doctor. She is a general practitioner.

1. If Lana makes a mistake when she is treating a patient causing injury to that patient, to what standard of care will she be held? Explain your answer with reference to the facts of the scenario and the law as discussed in chapter 2 of the textbook. (3 marks)