Question
Senior Prank Day is a long standing, tradition at Westside High School. Over the years, on Senior Prank Day, seniors have set off stink bombs,
Senior "Prank Day" is a long standing, tradition at Westside High School. Over the years, on Senior Prank Day, seniors have set off stink bombs, lit firecrackers and tossed water-filled balloons in the school building. The school administration opposes Prank Day activities and regularly issues stern warnings that any student caught perpetrating pranks will be expelled and denied the right to graduate. However, no student has ever been caught. The school administration does not provide any extra supervision of the building on Prank Day. There had never been any serious injury as a result of Senior Prank Day activities.
On "Prank Day" 2017, Jack, a 17-year-old senior, spread a small quantity of "itching" powder on the lockers of the building hallway. Jack has stated he had no desire or plan to cause physical injury to anyone. He admits, however, that he knew the powder would cause some irritation to the lungs, nose, eyes and skin of persons who came in contact with it. He says, however, that he believed that the powder would not have any serious or lasting effects.
Carrie, a student at Westside High, got some of the powder on herself and, for a few hours, suffered from eye, nose and lung irritation. She also developed a skin problem that her physician believes is permanent. Her physician also believes it is reasonably likely that these problems are a result of an exposure to the powder even though there is no prior medical information from which such a reaction could have been predicted and no other student has complained of similar symptoms. Carrie is very depressed because she fears that the disfiguring skin condition may continue and, if it does, will prevent her from winning the Miss Westside High beauty competition she had entered.
1. What claim(s), if any, does Carrie have against Jack and why?
2. Does Jack owe Carrie a duty of care? Was she reasonably foreseeable?
3. Did Jack breach the standard of care expected of him? Who should he be compared to?
4. Were Carrie's injuries caused by Jack? If so, which ones?
5. Were Carrie's injuries reasonable foreseeable by Jack? Why or why not?
6. Does Jack have any possible defences to Carrie's claim(s)? If so, what are they?
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