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Marie-Claude operated a bowling alley in a com- mercial area that was adjacent to a residential area. Many small children used the parking lot near
Marie-Claude operated a bowling alley in a com- mercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground, and Marie-Claude was constantly ordering the children off the premises for fear that they might be injured by motor vehicles. One young boy, about six years old, was a particu- lar nuisance in that he would climb onto the flat roof of the bowling alley by way of a fence at the back of the building. Marie-Claude ordered the child off the roof on several occasions, but to no avail. The child continued to climb on the roof at every opportunity in spite of Marie-Claude's instructions to the contrary. On one occasion, when Marie-Claude was away from the premises, the child climbed to the roof and, while running about, tripped and fell to the ground. The fall seriously injured the child, and an action was brought on his behalf against Marie-Claude. Discuss the liability of Marie-Claude and her defences, if any. Render a decision. willes
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