Please Use The Following Technique To Outline Legal Issues ✓ Solved

Please Use The Following Technique Outline The Legal Issues Th

Outline the legal issues that you are going to discuss in your answer. Define the legal rules that are relevant to the question. Apply the legal rules to the facts of the question. Formulate a decision of which party should be successful. The use of headings for each relationship discussed is suggested. Application of legal principles to the facts is the most important and often the hardest step. You must go through the analysis for why or why not a particular tort claim will be successful.

Be comprehensive and thorough when responding to each issue – canvas all possible answers. If you have considered the application of a particular contractual concept, but after analysis, you have decided that it is not applicable, please go through your analysis. If any possible remedies are available to either party, please identify with supporting reasons. Assume for each relationship that the matter is being litigated in court, not through alternative dispute resolution.

Tort Law Problem Overview

Andrew Black is the owner of Confederation Mall in New Minas, Nova Scotia. Mr. Black leases retail spaces in the Mall and is a local entrepreneurial success. George Orange, owner of Guppy World, a long-time tenant, has employees Colin and Darren. An incident occurs when Colin, while repairing a ceiling fan, asks Darren to toss him a screwdriver. Darren overshoots and shatters a fish tank, causing a customer, Sally, to slip in the water and get injured by a piranha. Meanwhile, Evelyn, a nearby shopper, faints upon hearing of the incident.

Mr. Black wishes to expand his business and almost purchases a lot for a new shopping mall, relying on a faulty report from engineer Joe White. After Mr. Black punches Mr. White in anger, White’s son suffers nervous shock. Subsequently, White makes defamatory comments about Mr. Black on the radio, leading to a decline in customers. Lastly, Alex Brownstein's dog, Max, dies in an excavated lot where Alex also injures himself.

Outline of Legal Issues

The tort claims in this scenario include negligence, defamation, and intentional infliction of emotional distress. Each claim will necessitate examination of duty of care, breach, causation, and damages for negligence; falsity, publication, and harm for defamation; and intent and distress for emotional distress.

Negligence Claims

To establish a negligence claim, a plaintiff must show the defendant owed a duty of care, breached that duty, and that breach caused damages. In the case of Colin and Darren, they operated in a workspace that had risks associated with using tools at height. Darren's overshooting can be argued as a breach of care towards Colin and the patrons around them.

For Sally's injury, there is a direct correlation between the shattering tank and her slip. Thus, both Colin and Darren could be liable for Sally's medical expenses and damages due to their actions under the 'reasonable person' standard. Additionally, as Evelyn's injury emanated from the same incident, she could assert a claim for emotional distress as a secondary victim resulting from Sally's injury.

Defamation Claim

Mr. White's claim against Mr. Black involves defamation, which requires proving that the statements were false, presented as facts, and caused reputational harm. In the scenario where Mr. White claims Mr. Black is involved in illegal activities, the implications damage Mr. Black's business. Thus, Mr. Black has grounds for a defamation lawsuit against Mr. White, as the statements were publicized without truth.

Intentional Infliction of Emotional Distress

For Jimmy White's claim regarding his psychological trauma from witnessing his father being assaulted, intentional infliction of emotional distress can be applied. Mr. Black’s actions represent extreme and outrageous conduct that directly led to Jimmy's psychological distress; thus, he may hold Mr. Black liable.

Possible Defenses

Potential defenses could include consent (implied in certain situations) or contributory negligence (particularly in the case of Sally and Evelyn). Andrew's actions during the incident at Mr. White's house may provide some context for understanding Mr. White's previous statements as act of provocation. However, given the nature of the statements, defamation can be hard to defend against.

Analysis of Claims

Upon analyzing the negligence claim, I find that Darren’s action caused the series of events leading to serious harm to Sally, and later emotional distress to Evelyn. The court may determine shared liability given both Colin and Darren’s involvement. Remedies may include compensation for Sally’s medical costs, and psychological treatment for Evelyn.

Examining the defamation claim, Mr. White's comments are damaging to Mr. Black’s reputation, and the court would likely rule in favor of Mr. Black, mandating compensation for lost business and the injury to his reputation.

In response to the intentional infliction claim regarding young Jimmy, the behavior of Mr. Black is extreme and harmful, warranting possible damages for his resultant emotional distress.

Conclusion

In these cases, the court must meticulously consider the extensive impacts of the actions taken by all parties involved. As a result, the court would likely find both Colin and Darren liable for negligence, Mr. Black winning judgment against Mr. White for defamation, and Mr. Black accountable for damages related to the emotional distress suffered by Jimmy. Thus, comprehensive remedies should be awarded based on their specific outcomes and impacts of the actions taken.

References

• 1. Prosser, W. L. (1971). Handbook of the Law of Torts. West Publishing Company.
• 2. Smith, J. C. (2015). Law of Torts in Canada. LexisNexis Canada Inc.
• 3. Allen, R. (2010). Tort Law: Text, Cases, and Materials. Oxford University Press.
• 4. Lawson, C. D. (2012). Tort Law: A Comprehensive Study. Pearson Education Canada.
• 5. Burnett, S. (2018). Essentials of Tort Law. Cengage Learning.
• 6. Sutherland, C. (2016). The Tort Liability of Local Governments. Journal of Law & Public Policy.
• 7. Franklin, J. (2019). Defamation: The Law of Libel and Slander. American Bar Association.
• 8. Grady, M. (2014). Emotional Distress Claims: Legal Standards and Implications. Stanford Journal of Civil Rights & Civil Liberties.
• 9. Thorson, A. (2017). The Growing Impact of Negligence Cases in Tort Law. Canadian Journal of Law and Society.
• 10. Nidiffer, C. (2020). Negligence and Liability: An Overview. Journal of Legal Studies.