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Give an example of a tort. Why does the law require employers to maintain a safe workplace? Mrs. Kauffman was riding up the escalator owned
Give an example of a tort. Why does the law require employers to maintain a safe workplace? Mrs. Kauffman was riding up the escalator owned by the Toronto Transit Commission (TTC). The escalator was equipped with a metal-clad handrail instead of the rubber type, which presumably would have been less slippery. Three young men, riding the same escalator just above Kauffman, began pushing each other around. They ultimately fell on Kauffman, knocking her over and severely injuring her. Kauffman sued the TTC for damages, claiming that it had been negligent in installing an untested handrail made of metal which offered less support and that is why she fell. Will Kauffman succeed in showing that TTC caused her loss? Big Pizza, a province-wide pizza chain, has a new promotional campaign. The chain guarantees that all pizzas will be delivered within 30 minutes or they will be free. While this promise is readily kept in small cities and towns, it places considerable stress on franchises in large urban areas. Franchisees are required by their franchise agreement to pass on this stress to drivers by fining them half of the cost of any pizza not delivered within the requisite time. To overcome this threat, drivers often are forced to drive well above the speed limit. One driver, attempting to meet the deadline, fails to notice another vehicle in its path and collides with it, seriously injuring the passengers in that vehicle. Assuming that the issue of negligence by the driver is clear-cut and that the driver is an employee, can the injured persons claim damages from the franchisee for the actions of the employee? Why or why not? Is there any argument that Big Pizza has itself been negligent? Present arguments for both sides of the case, and determine whether liability will be upheld. [footnote deleted]
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