Jacques Larue Case Study - Fishing vessel Consulting Service - Business Law Assessment Answer

Assessment Task:

Jacques Larue Case Study Assessment Answer 

ASSIGNMENT ONE

The assignment is out of 10 marks, and is worth 15% of your final mark. The answers should be put on a separate piece of paper, and can be in point form.   I am looking for you to identify what the problem is, that is to say, the issue or area of law and then provide a specific answer.   Assume all fact patterns take place in BC unless it says differently.  The multiple-choice questions are worth one mark and the others are worth as indicated.

1.  Jacques Larue is a disbarred lawyer who runs a “Fishing vessel Consulting Service".  He recently represented a fisher at a Federal Endangered Fish Species Appeal Board hearing, at which his client had been charged with fishing in an offshore area that was closed to fishing.  The Federal Act allows a fisher charged with an offence to bring along "an acquaintance to assist in arguing the case".  The BC Law Society found out about this and told Jacques to cease acting for remuneration for clients as that was practising law and he is not a BC lawyer.  (The Legal Profession Act forbids someone from practising law, which includes representing someone for remuneration, unless they are a qualified BA lawyer).  Assuming the court determines both statutes in themselves are valid and do not contravene the division of powers in section 91/92, but the statutes conflict what doctrine would the court apply and what would be the result.  

2. April bought a cup of hot chocolate at the drive-through window at Tim Horton’s.  Holding the cup between her knees and attempting to take off the lid to add sugar, she spilled the hot chocolate.  She suffered severe burns to her thighs due to the high temperature of the hot chocolate.  April sued Tim Horton’s for negligence, alleging that Tim Horton’s should know better than to sell scalding hot chocolate to someone in a car.  Tim Horton’s has raised defenses set out below.  Explain how successful those defenses might be.  (Note not multiple choice – comment on each one.)

a. Everyone in the industry has drive-throughs and they all serve hot chocolate this way (1 mark))

b. Hot chocolate is inherently dangerous and April assumed the risk the hot chocolate would spill. (1 mark)

c. Tim Horton’s only owes a duty of care to customers while they are on its premises. (1 mark)

AND Name another defense that Tim Horton’s might raise, and its likelihood of success (1mark)

3. Mr. Garon kept four adult wolverines on his property.  Although he did not intend to harm anyone and took all of the precautions that a reasonable person could take, he could still be sued if the four wolverines escaped from his property and attacked someone.  This is an example of what principle of tort law?

1. Strict liability
2. Contributory negligence
3. Last clear chance
4. Vicarious liability

5.  You are the owner of a restaurant in a small town.  A food reporter from the local newspaper had dinner there one night.  She then wrote an article that stated "I will not say this is a bad restaurant, but the poor food is exceeded only by the bad service."  You want to sue.  What will your lawyers tell you and why?

6. A landowner regularly while smoking fish produces both smells and noise that negatively affects her neighbor's ability to enjoy his own property.  Most likely, the landowner is

a. Guilty of a criminal offense

b. Committing a nuisance

c. Committing the tort of negligence

d. Opening himself to a Malicious Prosecution lawsuit

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