Question

You are walking to George Brown College along King Street just past Jarvis. You are on your way to Business Law class and are now on George Brown campus. Person B, is a pet-walker, and is also walking to GBC with a gila monster and pelican on separate leashes. It was about 8:30 am. At this time, two Volvo transport trucks are driving down King Street with Hélio Gracie doing the "most-epic of splits" between them. Moreover, at this time, a bouncer, Wade Garrett from Gabby's Pub (est. 1989) was blind-sided by a bottle of Jack Daniel's (or John Daniel's, depending on how well Wade knew him) as he was throwing out an intoxicated individual. Wade stumbled out onto King Street and was hit by Tony Montana driving his car.

Seeing he hit Wade, and trying to be a “Hero”, Tony stuck his head out the car window and exclaimed to Wade, "if my car's messed up, you better have a will," and "streets are for cars." Tony angry at Wade for ruining his car, pulled out a weapon, and said to him, "you better have insurance, life insurance." Hélio Gracie, seeing that Wade was in trouble, conducted the ultimate veteran move and jumped down from the two Volvo trucks and applied a simultaneous "rear naked choke" and "arm bar" to Tony and forced him to calm down (tap out). A calmer Tony Montana, more relaxed, approached Person B and her pet pelican and stated, " here pelican, pelican, pelican," petting it calmly. As Tony petted the pelican, he was bitten by the gila monster. As he was bitten, an angry mob rushed out at him from the Cooking Lab with Ginsu knives and stabbed Tony Montana in the abdomen, which can be fatal. Gila monster bites can also be fatal. Tony Montana then died.

While seeing this, Brad and Angelina who were at TIFF, walked by and saw the whole incident. They got freaked out; both had strokes (medically confirmed afterwards) and divorced immediately. At one moment Brad passed out for 6 hours, to which Angelina just stayed there creepily staring at him while he was KO’d. Wade, Wayne and Hélio seeing how creepy the staring was were terrified that Angelina was going to turn into a gargoyle and eat them – so they simultaneously attacked her – resulting in significant abdomen and facial injuries. After this situation, Brad never recovered and developed a confirmed mental disorder resulting in him smoking one-thousand (1000) darts and four (4) bags of ketchup/salt and vinegar chips daily. This caused him to go Val Kilmer and lose his acting career.

Discuss all the tort liabilities at play here.

Outline the injuries (or damage)?

Who are the parties in the hypothetical?

What was the Damage?

Defences

Answer 1

Types of tort liabilities

• Intentional tort - battery this was committed by the Cooking lab people against Tony Montana. Assault was committed by Tony Montana against Wade.
• Negligence tort- civil negligence this was committed by the Pet walker B against Tony Montana.
• Strict or absolute liability- dangerous acts this was committed by Wade, Wayne and Hélio against Angelina and Brad.

The first tort liability is intentional tort. This refers to an individual who engages in a conduct that ends up causing damage or injury to another individual. There are different types of intentional torts which are assault, defamation, and battery. Assault refers to when a person threatens to cause battery despite no injury taking place. Tony assaulted Wade by threatening him and pulling out a weapon and stated, "if my car's messed up, you better have a will." In addition, he went ahead to say, "you better have insurance, life insurance." Moreover, the second type of tort is negligence. Moreover, battery which refers to intentionally hurting an individual using a weapon. The Cooking lab people are liable for battery as they used Ginsu knives to stab Tony Montana, which resulted in a fatal injury. Negligence refers to a situation where an individual fails in their duty of care resulting in an injury caused to another person. There are two types of negligence which are criminal and civil. Pet-walker committed a civil negligence which refers to a person failing to exercise duty of care in their obligations of responsibilities which will prevent an innocent party from getting into an accident or injury. Person B, who is a pet-walker, had the duty of care to ensure that his Pelican and Gila Monster did not harm any pedestrians. However, the pet walker failed in his duty resulting in Tony being bitten, which was fatal to him. The last is strict or absolute liability, this refers to a defendants actions resulting in a damage or injury to the affected party. In this case, Wade, Wayne and Hélio are liable for the significant abdomen and facial injuries that they caused to Angelina. This affected her ex-husband Brad who never recovered from the situation resulting in him losing his acting career.

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