Purpose:

• Explain the factors that can lead to lawsuits relating to tort law.

Case Studies:

Case Study 1:

Duke v. Puts (2004), 21 C.C.L.T. (3d) 181, [2004] 6 W.W.R. 208 (Sask. C.A.); 2004 SKCA 12 (CanLII):

Questions:

1. Assuming all the allegations were false, what tort actions could Duke bring against Dr. Puts?
2. What defendefensesces, if any, could the defendant assert?

Case Study 2:

Robertson v. Stang, [1997] B.C.J. No. 2022 (B.C.S.C.)

Questions:

1. Name the tort that may be applicable in this fact scenario.
2. What will the plaintiff need to establish?
3. In your opinion, do you think the plaintiff has a good cause of action? Why or why not?

Case Study 3:

Roper v. Gosling, 2002 ABCA 71 (CanLII)

Questions:

1. Indicate what arguments can be raised in his defedefensence and what factors the courts will take into consideration in determining liability.
2. Would it make any difference to your answer if the Court determined as a finding of fact that although a reasonable person would have been aware that Roper's ability to drive was impaired, Gosling wasn't in fact aware of this when she got into the vehicle with him?
3. If she did know, should her conduct be a complete bar to recovery?

Case Study 4:

Dixon v. Deacon Morgan McEwan Easson, 1989 CanLII 2786 (BC SC)

Questions:

1. Did the auditors owe a duty to Dixon to be careful?
2. If the auditors had known that the statements were being prepared to attract investors, would this affect your answer?
3. Is this a just way of treating liability for professionals, or should they only be liable to the clients they have contracted with?

Case Study 5:

Schoff v. Royal Insurance Company of Canada, 2004 ABCA 180 (CanLII)

Questions:

1. Do you think that the insurance company should be required to pay the Schoffs?
2. Would it affect your answer to know that the insurance company had learned that the statement she gave about having no accidents in the last six years was incorrect before it issued the policy, and it was issued anyway?

Submission Guidelines:

• Submit this assignment to your instructor via the dropbox in ONE of the following formats:
  • Word document
    • 2 pages maximum