Maggie was an avid recycler, small scale farmer and outdoor enthusiast. She lived on a small acreage just outside the Edmonton, Alberta city limits. She really enjoyed her acreage, as it allowed her to pursue many of her outdoor passions. They greatest among these were her beloved chickens. On her property, she had several chicken coops and approximately 50 chickens. She used a few of the eggs they produced for her own use, but most of the bounty was sold at a local farmer's market, once per week. Her nephew, Alphonse, helped her with the transporting of eggs on those days and the actual sales. He also cleaned out the chicken coops twice per month. In return, Maggie gave him 10% of whatever they made on farmers market days. All was well - until Fran, a new neighbour moved on to the small acreage next door. Fran recently retired from a high stress career as a financial planner, and had been hoping to get away from the pressures of city life. But, alas, it was not to be. Maggie's chickens got up early in the morning...every morning. At about 5 am, Fran was awake listening to the sounds of cheery clucking and crowing. This would not have been so bad, if she had to be at work at 6am; but not so great for someone hoping to enjoy her retirement. Not to mention, the chickens smelled terrible. When the wind blew just the right way, the smell of chicken droppings was easily detectable in both Fran's yard and house. To add insult to injury, the chickens frequently found their way out of Maggie's yard, and into Fran's. They didn't really do any damage, but they annoyed the heck out of her. Fran had to yell and scream and chase them out of the yard. Fran had told Maggie that if she continued to let the chickens wander about, she might find that they end up in her roasting pan! Maggie replied that any attack against her chickens is an attack against her, and that should Fran try anything of the kind, she'd better watch her back! One day last week, as Fran was trying to herd some of the escapee chickens back to their own yard, she crossed over onto Maggie's property, to ensure the birds was properly corralled in their own space. Unfortunately, in the process, she tripped over several rolls of chicken wire stacked up near the property line, The wire was quite difficult to see, given the growth of weeds and brush surrounding it. Fran broke her ankle as a result of the fall. Then came the last straw. A small cesspool of chicken waste on Maggie's property sprang a leak, and the putrid contents flowed over onto Fran's property. Discuss the potential lawsuits. (15 marks) Who will sue who? What is the cause(s) of action? What must the plaintiff prove to be successful? Will they be able to prove their case based on the facts given what facts are available to back up their claim? ? 1. What arguments are available to the defendant to avoid or lessen legal liability? Do they have the facts available to support their defenses - what facts are available to back up their defenses? 5. Who do you think should win, and why