Q1 Mrs. Chan bought a beautiful black Pekinese breed dog called Blackie for $2,000. Blackie ran out of their backyard and was taken the SPCA animal shelter by dog pound When she discovered the dog was missing she telephoned the SPCA but was assured Blackie was not there. Two days later, after an unsuccessful search for Blackie, Mrs. Chan went to the SPCA in person where on a bulletin board titled "Recent Adoptees" she saw a picture of Blackie with another family. Mrs. Chan then discovered that when Blackie's admittance was documented the only descriptor was black dog and black Pekinese. The dog was not micro-chipped or tattooed for ease of identification nor was it licensed as required by the city by-law The SPCA contacted the adoptive family who refused to return the dog.

a) Discuss the liability of the SPCA in negligence state the test and apply the facts).

b) if the SPCA is able to Mrs. Chan what would remedy be?

c) Is Mrs. Chan liable for contributory negligence ? Why or why not?

d)What effect would a finding of contributory negligence have on the judgment ?