Question
Hello, I need help in answering these questions below using the case: For quite some time Amanda operated a small delivery service. The business started
Hello, I need help in answering these questions below using the case:
"For quite some time Amanda operated a small delivery service. The business started doing quite well and she decided to incorporate it for tax and liability reasons. She incorporated under the Business Corporations Act (Alberta) as PuroLetter Delivery Services Limited - she would be the sole shareholder and also one of the two employees of the company.
While working one day, Amanda was making a rush delivery in the company's cube van. As she approached an intersection, the car in front of her sped up to get through a stale yellow light. Amanda, wanting to also get through the light, sped up to follow the car through the intersection. Unfortunately, at the last second, the driver of the car had a change of heart, quickly applied his brakes, and managed to stop just in front of the pedestrian crosswalk - Amanda was not as fortunate. Despite Amanda's valiant efforts, the cube van failed to stop in time and collided with the car. Immediately, the driver of the car jumped out of the vehicle and started yelling at Amanda, who had also exited her vehicle.
The police attended and Amanda was very upset about being issued a ticket and, more importantly, the officer's rude, unprofessional and disrespectful conduct.
The ticket specified a voluntary payment penalty. Amanda pleaded guilty by sending the offense notice and a cheque for the fine to the clerk of the Provincial Court. Not willing to let the officer's conduct go unreported, Amanda included a scathing three-page letter outlining the officer's conduct with the offense notice and payment. The letter was highly critical of the officer's conduct and implied that his conduct was racially motivated. After being read by the court clerk, a copy of the letter was provided to the officer's supervisor."
1. Discuss any common-law causes of action (i.e. excluding any potential statutory cause of action) that the officer could argue if he decided to commence legal proceedings against Amanda and include a discussion of each of the elements required to substantiate such causes of action in the answer and how such causes of action may create liability for PuroLetter Delivery Services Limited.
2. Presuming that liability is established, discuss the appropriate remedies available in this circumstance and include in your response a discussion of the obstacles that the plaintiff will have to overcome to be successful in his award as well as any applicable legislation in the response and tie the law to the facts and draw a conclusion.
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