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Group 7

Questions for case study #1

Section of Charter

Charter Right

Facts supporting infringement of Charter right

10a

Everyone has the right on arrest or detention to be informed promptly of the reasons therefor

Every time Batman asked for the reason, Constable Jones laughs at him.

11b

Any person charged with an offence has the right to be tried within a reasonable time

Batman’s trial was held after several years.

16

English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

Batman wanted the trial to be conducted in French and the judge denied.

9

Everyone has the right not to be arbitrarily detained or imprisoned

Batman was imprisoned for 54 days without any reason.

6.2a and 6.2b

Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

Batman tried to move to Manitoba, and he was not allowed to live and work there.

(a)

to move to and take up residence in

any province; and

(b)

to pursue the gaining of a livelihood

in any province.

3

Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein

When batman went to the polling station, he was told that he was not entitled to vote. No explanation was given.

Case study #2

a) Negligence means that one part failed to take proper care of a second part. There are four elements of a negligence claim:

- Duty of care

- Breach of a duty

- Proof of direct causation

- Nature and extent of injures

a) Yes, Ski Free is negligence for Spiderman`s injures

Analysing each one of the elements at the Spiderman case:

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Duty of care: Spiderman and Wonder Woman sign a form without reading that the guests will assume all the risks associated with using Ski Free. However, Ski free still has a presence of duty, since there are guests at their property.

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Breach of a duty: In Spiderman case there was a breach of duty because Spiderman asked to an employee to take off his helmet. The employee said Sure you are experienced. This can be considered as a breach of duty, since the helmet is a safety equipment and its use should be mandatory for all the guests. Another breach of duty was that the earthquake happened, and the normal protocol for this event is to cease all operations. That did not happen on this case. The earthquake happened and Spiderman proceed to go down the hill, without any employee tell him to stop or anything similar. This breach of a duty is serious and might be the cause of Spiderman injures.

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Causation: For the accident be considered a negligence, the breach of duty committed by Ski Free must be the direct causation for the accident. To establish if the breach of duty was the cause the but-forrule can be used. Did the Ski Free breach of duty cause the injures? The answer to this question for this situation is no. Spiderman broke his legs, not related with his head. However, for the second breach of duty, not ceasing all the activities after the earthquake happened, there is a direct cause. If Ski Free stopped Spiderman, he would never start to

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Proximity injuries: The Ski Free worker was close to Spiderman when he decided to proceed going down the Big Hill, which resulted on Spiderman losing his control, hitting a tree and breaking his legs.

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Damages: It is obvious that Spiderman suffered damages because of the Ski Free breach of duty. Spiderman broke his both legs

On conclusion, Ski Free was negligence in the Spiderman injuriescase. The deep analyse showed that the case passes all the 5 elements of negligence. There was a duty of care, a breach of it, direct causation, proximate injuries and damages. Incredible Hulk is right, and Spiderman could sue the company and would probably win it.

b)

Yes, Ski Free is negligence for Wonder woman`s injures

Analysing each one of the elements of the Wonder womans case:

- Duty of care: The Ski free has a duty of care towards Wonder woman as she was on their property and when she went to the coffee machine in order to take a cup of coffee from the machine, which was fixed by the Ski Free worker, she got severe burns which was due the negligence of the worker as he forgot to reset the automated coffee machine and left the setting as SUPER HOT. The machine sign Content from this machine may be Hot. Use with extreme cautiondoes not take the Ski free duty of care out.

- Breach of a duty: The Sky free worker committed a breach of duty, because he did not give at most care, when he was fixing the coffee machine, as he forgot to reset the automated machine at its correct settings, leaving it at SUPER HOT, due to which the Wonder Woman suffered severe burns. In addition to this, the worker had not secured the automatic coffee machine carefully, due to which the automatic coffee machine tipped over and hit Wonder Woman on her head.

- Causation: The cause of the injuries suffered by the Wonder woman were due to the negligence of the Sky Free employee, who was fixing the coffee machine as due to his carelessness the Wonder woman suffered all the injuries which included severe burns on her both hands and the tipping over of the machine on her head.

- Proximate injuries: The injuries suffered by the Wonder Woman were mainly due to the negligence of the Ski Free worker who was fixing the coffee machine 5 minutes before Wonder Woman tried to get her coffee, as the proximate cause of the accident was inefficient fixing of the machine

- Damages: Wonder woman suffered a lot of injuries due to the negligence of the Ski Free company as due to the burns on her hands, the doctor told her that she is not going to be able in compete in any competitive sport events for at least 1 year. Secondly, the specialist identified that the headache from which she was suffering was most likely due to the tipping over of the coffee machine on her head, which is also going to affect her future athletic abilities.

On conclusion, Ski Free was negligence in the Wonder Woman injuriescase. The deep analyse showed that the case passes all the 5 elements of negligence. There was a duty of care, a breach of it, direct causation, proximate injuries and damages. Incredible Hulk is right, and Wonder Woman could sue the company and would probably win it.

c) Ski Free can have some defences against Spiderman and Wonder Woman claims.

- Duty of care: Spiderman and Wonder Woman signed the waiver form in which it was clearly written that Ski Free skiers have been explained by Ski free staff members of all the risks associated with Ski Free and the skiers acknowledge that they fully understand the risks associated. And Wonder Woman should not put her hand below the tray from where the coffee drinks are dispensed as the automated machine has a warning on it that says Contents from this machine may be hot. Use extreme caution.So, the company is not responsible for the damages that are being faced by the Spiderman and the Wonder Woman.

- Standard of care: The Spiderman should not have removed the helmet as it is the benchmark of care and Wonder Woman should not put her hand below the tray from where the hot coffee drinks are dispensed, as there was a clear warning written on the machine.

- Causation: The main causation of the Spiderman injuries was that he lost one of his skis due to which he lost his balance and hit into a tree, breaking his both legs. Ski Free can defend itself by saying that the main causation for the Spiderman accident was the avalanche that happened

after the earthquake, something that they could not control. And in the Wonder Woman case she should not put her hands below the dispenser, which was the main cause of burning her both hands.

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Damages: Ski Free can claim that the damages suffered by Spiderman were not due to companys fault, but due to negligence on the Spiderman behalf, as he proceeds down the hill even after the cessation of all the operation due to the earthquake proceeded by an avalanche. As on Wonder Womans case, the main reason of injuries was her act of putting the hands below the dispenser instead of the warning fixed on the coffee machine and the headache may be due to the tipping over of the machine on her head, but it was not the proximate cause of the damage. On conclusion, Ski Free can have some defences against those claims both from the Spiderman and the Wonder Woman.

d)

Spiderman and Wonder Woman have claims against the Ski Free employees. They both can say that the employees were negligent on their cases, as they did not do a duty of care due to which Wonder Woman got her both hands extremely burned and secondly because of unprofessional fixing of the coffee machine she suffered head injuries which was result of tipping over of the machine on the Wonder Womans head. And the employee should not have allowed the Spiderman to proceed down the hill as all the operations were stopped after the earthquake which caused the avalanche. The company employees should have checked that the skis were properly fixed so that it may not get off when the Spiderman proceeds down the hill. The employees were direct involved in both accidents, and if they would have acted different, acted according to the standard of care, both Spiderman and the Wonder Woman would be fine and healthy. And the company also does not enjoys a good reputation in the market as most of the operations carried on by this company were considered unsafe.