Question
In March, Aleksandra got a brand-new car. Unfortunately, one evening, she had been drinking and was feeling a little dizzy. Nonetheless, she decided to drive
In March, Aleksandra got a brand-new car. Unfortunately, one evening, she had been drinking and was feeling a little dizzy. Nonetheless, she decided to drive home. While she was leaving the parking lot, she stepped on the gas and was not holding the steering wheel properly. The car accelerated quickly, right into a tree. It was quite an expensive car, and the damage was quite extensive. Knowing that if she told the insurance company the truth, they would deny coverage, she instead told her insurer that the car was parked on the side of the road in a residential neighborhood while she was visiting a friend and she came outside and found it damaged like this. She told them that she suspected someone had smashed into it and didn't want to deal with the consequences, so they simply drove away. Thankfully, Aleksandra had purchased an excellent insurance policy and her insurer was quick to cover the problem, spending upwards of $18,750 to fix all the damage. A few weeks later, the insurer received an anonymous tip from someone that Aleksandra had not been truthful in reporting this claim.
A) Is Aleksandra liable to her insurer? (1 mark)
B) If so, for which tort? (1 mark)
C) How do the elements of this tort apply to these facts? (4 marks)
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