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Identify the torts involved in the following scenarios and critically evaluate why you identified these torts by highlighting the elements of each tort with the
Identify the torts involved in the following scenarios and critically evaluate why you identified these torts by highlighting the elements of each tort with the description.
- Erica was upset that her husband Michael had cheated on her and decided to get revenge on him. She paid some thugs to beat her up and then called the police and reported that Michael had assaulted her. She gave a sworn statement to the police to this effect leading them to arrest and prosecute Michael for the beating. At trial, the judge found that Erica had credibility problems and found Michael not guilty on the basis that the Crown had not proven its case to the relevant legal standard.
- Samantha went to a large shopping mall operated by Mall Operators Limited. She came out of a store located on the 2nd floor of the mall and went to talk to a friend who was leaning against the railing. Samantha also leaned against the railing. Without warning, the railing gave way, and Samantha and her friend fell to the ground floor. Miraculously, they fell into a box of balloons and neither one was hurt.
- Edgar invited some friends over to his house for a party. One of his friends fell through some rotten boards on the deck and was seriously hurt. Edgar was aware that the deck needed repairs but had not had the time to make the repairs. What would be your assessment if the person who fell through the deck was a burglar who was trying to break into Edgar's house one night?
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