TORT ASSIGNMENT Task: â€‹Analyze the following problem and report your conclusions in memo form. 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 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. Research beyond the text is required with respect to liability by statute. You must footnote all references and provide a bibliography. Your answers must be typed and marks will be deducted for serious errors of spelling and grammar. Length:â€‹Approximately 1500 - 2000 words Disaster 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. Her colleagues, Anderson Cooper LLP, who are auditors, are also worried about their professional liability. Explain to both Jennifer and Anderson Cooper LLP the tort and statutory liability which may have arisen. 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.â€‹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, Graham, 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 Graham to get in touch with the landlord about it but Graham forgot to do so. (3 marks) 2.â€‹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 terms of their proposed contract, 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. (Hint: review both the Occupier’s Liability Act and the Dog Owner’s Liability Act). (7 marks) 3. â€‹Having heard all the commotion, security arrived. A new client, Rand, had just arrived. Although wealthy, Rand 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 Rand to return to the security office to wait for the police. Rand went because the security guard was very large. The next day a friend of Jennifer’s told her that Rand had posted very negative comments about her on Facebook. He said that she was incompetent and criminal and that her business should be boycotted. As Rand left the building, he was stuck in the elevator for more than two hours. The elevator had been serviced two weeks earlier but the workers had failed to fix the known problem with the doors. (5 marks) â€‹ 4.â€‹Jennifer shares office space with a firm of auditors, Anderson Cooper LLP. That firm is also facing potential legal problems. One of its clients was Watson Inc., a publicly traded company, which had operated in Ontario for several years. Last year it moved its account to the Ontario Business Bank (OBB). Before accepting the account, the OBB reviewed Watson’s audited annual accounts. (The audited statements were prepared by Anderson Cooper LLP) The accounts showed a history of increasing profitability. On the basis of this information the OBB lent $30million to Watson Inc. â€‹ Shortly afterwards, Watson Inc. ran into financial difficulty and was forced into bankruptcy. Its debts exceeded $50 million. The bank brought an action against Watson Inc.’s auditors for negligence. The bank established that the audited statements for the preceding years were inaccurate, negligently prepared and that Watson Inc had been in serious financial difficulty at the time CBB accepted Watson Inc. as a client. These same auditors had also provided information about Watson to a variety of third parties including creditors. The audited statements were also available online to investors. All the financial statements included a clause which stated that the auditors had followed IFRS. (10 marks) 5.â€‹You must also examine the possible liability of the auditors under the Securities Act: PART XXIII.1 CIVIL LIABILITY FOR SECONDARY MARKET DISCLOSURE You should explain how statutory liability differs from tort liability both in the criteria which need to be established and in how damages are calculated. (10 marks).