Here is the synopsis of our sample research paper on Tort Case Answers. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 25 page paper briefly answers a series of 15 sample exam questions which look at different issues within Canadian tort law. The questions give different scenarios and ask about the presence and discharge of a of duty of care, capacity, remoteness, foreseeability, medical negligence, special relationships, public policy and the application of legal theories to tort related issues. The bibliography cites 4 sources.
Page Count:
25 pages (~225 words per page)
File: TS14_TEtortcase.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
consider several factors. The issue of duty of care we need to look at the fact that Joan is only 16. Children under 7 will be deemed to lack capacity.
But Joan is nearer her majority and as such may be more able to be held responsible. Where child is over the age of 7 a two stage approach will
be used, as shown in Heisler v Moke the age, intelligence and experience of Joan would need to be considered. Here Joan is 16, so near majority, she is also
highly intelligent, but we do not known her experience, indeed in drinking it may be argued she would not have that level of experience necessary. However, if we look to
the case of Dellwo v Pearson where the activity that is being undertaken is an adult activity, which drinking must be deemed to be due to the age restriction on
gaining the alcohol, then Joan will be deemed to be of sufficient capacity to owe Sandra a duty of care. b. If we look at whether this duty of care
was breached we can apply a two stage test the first is to look at the proximity of the plaintiff and the defendant where there is a close relationship so
that the defendant should have reasonably thought of the plaintiff as seen in the case of Donohue v Stevenson. If we apply this there is a relationship, Joan appears to
have an influence over Sandra as she instigated the drinking session and also mixed the drinks. Therefore, although Joan is younger, she is an influence and should have a concern
for Sandra. The second stage is the way that the duty of care may have been breached, in this case it would have been water as the act of
...