Contracts
What are the 7 elements of contract formation?
Offer, acceptance, considerations, intention to create legal relations, capacity, legality, and certainty of terms
Jennifer undergoes a surgical procedure to correct a minor orthopedic issue. However, post-surgery, she experiences severe pain and notices limited mobility in the affected area. Subsequent examinations reveal that a surgical instrument was mistakenly left inside her body. What legal action could she bring against the surgeon?
Professional negligence
You're exploring an abandoned factory with a group of friends, and you come across an intriguing room that's off-limits. Curiosity takes over, and you decide to enter the room to uncover its secrets. What intentional tort are you committing?
Trespassing
What is the term for damages that are not precisely quantifiable?
General damages
This dilemma involves small changes in ethicality due to lowering the bar over time?
Incrementalism
Maria owns a bookstore and has placed a sign in the window that says "Bestselling Novels: $20 each." John sees the sign, enters the store, and picks up a novel. When he goes to the cashier, Maria tells him that the price of the book is actually $25 because the sign was outdated. John insists on paying $20 based on the sign. Does John have a legal right to buy the book for $20?
No because the sign represents an invitation to treat
What four things must a plaintiff prove in order to establish negligence?
Duty of care, breached the required standard of care, plaintiff suffered injury/damages, and defendant’s breach of the standard of care caused the damages
Emily attends a crowded music festival. While enjoying the concert, a fellow attendee, Alex, intentionally pushes her without any apparent reason, causing Emily to fall and sustain injuries. What tort has Alex committed?
Battery
Megan, diagnosed with a severe mental illness, engages in an incident where she intentionally batters her neighbor, Tom, without any apparent provocation. Tom is considering legal action against Megan for the battery. What might prevent her from being held liable?
Incapacity
A local factory emits noxious fumes into the air, causing health issues among the residents of a nearby neighborhood. What legal action could the residence pursue against the factory?
Private nuisance or strict liability tort
Sarah, a recent college graduate, signed a contract to purchase a used car from a dealership. Later, she discovered that the odometer had been rolled back to show a lower mileage than the car actually had. What can Sarah do about the contract?
She can bring a claim in misrepresentation and ask the court to set aside the contract
Laura, a real estate agent, informs potential buyers, Mark and Lisa, that a property they are interested in has recently undergone extensive renovations, including updated plumbing and electrical systems. Relying on this information, Mark and Lisa decide to purchase the property. After moving in, they discover numerous issues with the plumbing and electrical systems that were not disclosed by Laura. What legal action can Laura bring against Lisa?
Negligent misrepresentation
Alex, a local journalist, publishes an article claiming that Sarah, a prominent business owner, is involved in fraudulent activities. Sarah believes these statements are false and damaging to her reputation. Can Sarah pursue legal action against Alex?
Yes, she can pursue action for defamation
David participates in a live martial arts demonstration where the performers engage in staged combat. During the performance, one of the fighters accidentally strikes David in the face, causing injuries. David is considering legal action against the fighter for battery. What defense could the fighters use against a claim from David?
Voluntary assumption of risk
Tom, an employee of a delivery company, is involved in a car accident while making a delivery. What would make the employer liable?
Vicarious liability
What is the name of the Act that amended the debtor/creditor rule indicating all debt is extinguished when creditors accept part performance to settle debt, and the debtor pays the reduced amount?
The Mercantile Law Amendment Act
Alex and Bella are neighbors who have never actually met. After a storm Alex forgets to salt the sidewalk and Bella slips and is injured. Does Alex owe Bella a duty of care despite never meeting and explain using the test.
Yes he does, he could have foreseen someone slipping and despite never meeting everyone owes a duty to not injure their neighbor
Emily, a university student, has been consistently bullied by her classmate, Mark, for months. Mark goes beyond typical teasing, engaging in cruel and harmful behavior, including spreading false rumors about Emily's personal life and making derogatory comments. Emily is now experiencing severe mental anguish. Can Emily pursue legal actions against Mark?
Yes, she can pursue a claim for intentional infliction of mental distress
Maria is walking across a parking lot while texting on her phone. At the same time, John is backing out of a parking space and accidentally collides with Maria. Can John be held not liable for the injuries to Maria?
No, while Maria contributed to her injuries, contributory negligence is only a partial defence and John would still be partially at fault for not noticing her
Sarah runs a successful online boutique selling handmade jewelry under the brand name "Artistry Gems." A competitor, Alex, starts a similar business and uses a logo and packaging design strikingly similar to Sarah's. Can Sarah take legal action against Alex, explain?
Yes, she can claim passing off which is when someone represents one’s products as that of another
Sam is purchasing a farm from Ben and they come to a verbal agreement. Sam needs to move his animals onto the property on the closing date so fences need to be set up prior. Ben allows this but before closing, he receives an offer for more money. Is Ben allowed to accept this new offer as he doesn’t have anything in writing with Sam?
No he is not allowed to accept, the doctrine of part performance applies, indicating the existence of a contract
Jack and his family went cross country skiing at a public park. At some point he left the trail to follow an alternate set of tracks where he hit a hidden wall and sustained injuries. Could the park be found liable for negligence?
No, occupier’s liability indicates that when you’re using rural land for free recreational activities, users willingly assume the risk
David, a business owner, accuses his former employee, Rachel, of stealing confidential company information and selling it to a competitor. David files a criminal complaint against Rachel, leading to her arrest. However, during the investigation, it becomes clear that the accusations were baseless, and there is no evidence linking Rachel to any wrongdoing. What intentional tort may have been committed?
Malicious prosecution
A media outlet publishes an investigative report alleging corruption within a government agency. The individuals implicated in the report claim that the information is false and damaging to their reputations. What must the media outlet prove in order to use responsible communication on matters of public interest as a defence?
They must show that the matter is of substantial concern to segments of the public, when inclusion of a defamatory statement is important for the fact that it was made, not its truth, and was made without malice
Taylor claims she suffered injuries as a result of a tort committed by John. However there were no direct witnesses to the incident and no security camera footage of the event. Explain if she could be successful in a claim against him?
Yes, the plaintiff must demonstrate the elements of a tort exist (burden of proof). She could meet this requirement with the circumstantial evidence rule as there was no direct evidence