Negligence in a Torts Case
Joe, a concert pianist, was walking down the street when he was struck by Harry, a skateboarder, knocking him down and crushing his hand. When Joe sued Harry for his negligence, claiming the loss of income from his profession (he could never play piano again), Harry countered with the defence that there is no way he could have anticipated that the person he was going to hit was a concert pianist.
1. Was Harry negligent? Identify and describe each of the four elements of negligence, specifically making reference to the legal tests for each, and apply those elements to this fact scenario.
2. If you conclude that Harry was negligent, explain his likelihood of success in raising the defencethat he did.
Joe offered to sell Harry his car for a specific price, and Harry indicated that he needed some time to think about it. Two days later, Joe sold the car to a third party. That afternoon, Harry phoned Joe and
told him that he had decided to accept the offer and that he'd buy the car. Joe told Harry that it was too late; he had sold the car to someone else. Harry said that it had been offered to him first, and he insisted that Joe go through with the contract.
1. Was there a valid contract between Joe and Harry? Your answer must specifically reference each of the elements of a valid contract and describe how each relate to the facts presented above.
2. If you conclude that there was a valid contract, explain the legal liability of each of the parties.
A warehouse worker stated that she was forced to take disability leave as a result of a car accident in which she suffered serious injuries. When she returned to work, she told her supervisor she could no longer lift and move boxes. Her manager said her job duties could not be modified and requested a note from her doctor indicating her current capabilities to do work. Explain, in detail, an employer's duty to accommodate employee disabilities under human rights legislation, including some appropriateexamples for this particular employee. 2
Joe entered into a general partnership with two others in the establishment of a real estate sales agency. The other two, Sam and Harry, had considerable experience in the real estate business but no money. Joe, on the other hand, had his own home and several significant assets, and although he didn't have any experience in the real estate business, his monetary contribution made him an equal partner with Sam and Harry. Unfortunately, Harry misused some trust funds that had come into his care as a result of business, investing them in the business of one of his sons rather than in an interest-bearing account. The business of the son went sour and the money was lost. The client sued Harry, Sam, and Joe.
1. Explain, in detail, the concept of legal liability as it arises in a general partnership.
2. Explain the legal position of the client in respect of the partnership.
3. Explain the responsibilities and legal liabilities that exist between Harry, Sam and Joe.