LAW 4002: Detailed Analysis of Potential Torts in Jennifer's Bad Day

This assignment analyzes a series of legal problems stemming from "Jennifer's Very Bad Day," focusing on potential tort liabilities. The analysis covers five distinct scenarios, including issues of occupiers' liability, dog owner's liability, negligence, intentional torts such as battery and defamation, and professional negligence. The assignment requires defining each tort, discussing the extent of each party's liability, and explaining how damages would be calculated. The analysis also includes a discussion of the elements of negligence, including duty of care, breach of duty, causation, and damages. The assignment examines Jennifer's potential liability in her role as a financial planner, the landlord's responsibility for unsafe premises, the dog owner's responsibility, and the security guard and elevator company's liabilities. It also considers the impact of Jennifer's recommendations on her clients and the potential for claims of negligence and defamation. The assignment emphasizes the application of relevant legal principles to the specific facts of each case, with references to relevant legislation and precedents.

TORT ASSIGNMENT LAW 4002
Due: A typed, hard copy is due at the beginning of class on October 6, 2016.
Late Penalty: 2% per day and papers will not be accepted after 5:00 p.m. on October
12. Late papers may be handed in through email. I will acknowledge
receipt so if you don’t hear from me; I didn’t receive your work. It is your
responsibility to ensure that I do receive your assignment. Assignments
handed in online will be marked but will not receive comments. If you
would like comments, you must provide a hard coy.
Task: Analyze the following five problems and report your conclusions in
paragraph form. Six marks for each problem. Your answers should
explain the relevant law and apply it to the particular facts of the case.
You should refer to any relevant precedents that are discussed in the
text. When referring to legislation, identify the legislation and relevant
sections. When explaining an intentional tort, you should define the tort
and discuss whether all the requirements of that tort have been met.
When discussing negligence, you must discuss all the requirements of a
successful lawsuit even if you conclude that a lawsuit would not be
successful. Remember that you are demonstrating to me that you
understand the subject so a complete explanation is necessary. Marks
will be deducted for serious errors of spelling and grammar.
Length: Approximately 1500 words
Marks: This assignment is worth 15% of the final grade.
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This is an individual assignment. Please note that all quotations must be set off in
quotation marks and must be footnoted. Failure to do so is
plagiarism and will result in a grade of zero. Cases and legislation
must be cited in text. Do not lend or borrow notes or papers.
Duplicate papers will both fail. To be sure that you understand the
rules regarding academic honesty, please watch the Library’s
Academic Honesty presentation. You will find a link on Blackboard
to the website.
JENNIFER’S VERY BAD DAY
Jennifer, who is a financial planner, has consulted you. She recently had a rather bad
day and fears that she has exposed herself to liability in tort law. Explain to Jennifer what torts
may have occurred. Define each tort and explain the extent of everyone’s liability. Explain how
damages, if any, would be calculated. If there are any torts of negligence, include in your answer
an explanation of the steps which must be proved in any negligence action.
1. Jennifer works from her office which she rents in an office building. Last week her
assistant, who was extremely valuable to her, was hired away by a competitor. She hired a
temporary secretary, Paul, to fill in but he is not very satisfactory. Two weeks ago she noticed
that the carpet in the hall was frayed and thought that it ought to be repaired. She told Paul to get
in touch with the landlord about it but Paul forgot to do so.

2. Last Thursday it seemed that everything went wrong. Jennifer had brought her dog,
which is normally very friendly and well behaved, to work with her. A client, Kate, arrived for a
scheduled meeting bringing her three year old child with her explaining that her daycare
arrangements had fallen through. While Jennifer and Kate were discussing investment ideas,
they did not notice that the child was playing the dog’s tail. Suddenly there was a loud growl from
the dog followed by screams from the child. It turned out that the child had been nipped by the
dog and had a very small cut. Kate was very upset and rushed out to take the child to the doctor.
Jennifer eventually earned that the child was all right and had not needed stitches. Her dog’s
vaccinations were all current. Unfortunately, in Kate’s hurry she caught her foot in the frayed
broadloom at the entry to the office and fell. Kate broke her arm.
3. Just then an irate client, Richard, arrived. Richard was furious because an investment
which Jennifer had recommended has fallen significantly in value. Richard shook his fist at her
and yelled, “If you weren’t a woman, I’d beat you up.” Panicked, Jennifer grabbed a heavy vase
from her desk and, as Paul, her assistant rushed in, hit Richard over the head. Richard was
seriously hurt. Jennifer has since learned that Richard has posted very negative comments about
her on Facebook. He has said that Jennifer is incompetent and criminal.
4. Having heard all the commotion, security arrived. A new client, Simon, had just arrived.
Although wealthy, Simon dressed in old clothes. The security guard took one look at him and
assumed that he was the cause of all the trouble. The security guard ordered Simon to return to
the security office to wait for the police. Simon went because the security guard was very large.
Later, when Simon left the building, he was trapped in the elevator for two hours. The elevator
had been serviced two weeks before but the workers had not fixed an existing problem with the
doors.
5. Jennifer is also worried about recommendations she made to an investment group. The
group hired Jennifer as their advisor two years ago and has generally been very pleased with her
recommendations. One member of the group was so impressed that she made a habit of
emailing Jennifer’s recommendations to her friend, Julia Chan, in Vancouver. Three months ago,
she mentioned this to Jennifer who replied that she was very happy to know that her advice was
so highly valued. Unfortunately in her last report to the group, Jennifer recommended a
company, which has now entered bankruptcy. On rechecking her analysis, Jennifer was horrified
to find that she had stated several debits as assets and had therefore wrongly thought that the
company was in very good financial shape. Jennifer has just learned that the investment group
lost heavily and is intending to sue. Also, Julia Chan had bought the company’s shares on the
strength of Jennifer’s advice and is also planning to sue.
Analyze each incident and determine whether tort liability has arisen. Explain your
answer defining each tort and discussing the extent of everyone’s liability. Explain how damages,
if any, would be calculated. If there are any torts of negligence, include in your answer an
explanation of the steps which must be proved in any negligence action.
Hint: In addition to the Occupier’s Liability Act, there is a Dog Owner’s Liability Act.