Paul has over 45 years of experience as both trial and appellate counsel and has acted in many cases of significance. He is a Fellow of the American College of Trial Lawyers, a Fellow of the International Academy of Trial Lawyers, regularly listed in the Lexpert/ALM Guide to the Top 500 Lawyers in Canada and is recommended in Chambers’ Global Guide to the World’s Leading Lawyers. Paul is also listed in Lexpert’s top 100 creative lawyers in Canada, and is a recipient of a Lexpert Zenith Award. He is an honourary member of The Commercial Bar of England (COMBAR), past chair of the Civil Litigation section of the Ontario Bar Association, and a member of the Holland Access to Justice in Medical Malpractice Group. Paul was an instructor at the Bar Admission Course in civil litigation for many years, and holds a Master of Laws from London University, England. He was called to the Ontario Bar in 1971.
TORT LAW ASSIGNMENT 1
Mr. and Mrs. Duckworth are the proprietors of a hotel in Weatherfield. One of their former
guests Peter Barlow checked out of the hotel last week, but Mr. & Mrs. Duckworth
discovered that he had stolen a number of items from the hotel room, for example table lamps
and coffee tables. Also he had disturbed other guests when he returned to the hotel intoxicated
one evening. Mr. & Mrs. Duckworth decided he is no longer welcome at the hotel and
informed him of this. Despite this Mr. Barlow walked into the hotel last week and attempted
to book a room. Mr. and Mrs. Duckworth refused and on his way out Mr. Barlow tripped on a
loose wire and sprained his ankle. Mr. Barlow has informed the Duckworths that he will be
taking action against them for occupiers liability. Mr. and Mrs. Duckworth have requested
advice relating to this. Can they really be sued when they made it clear to Peter Barlow that he was no longer permitted on the premises? Your supervisor has requested you write a report relating to this.
Mr. and Mrs. Duckworth employ a number of people at their hotel. Last week the chef, Betty
Turpin was particularly busy and asked the waiter, Todd Grimshaw, for assistance. Due to
confusion in the kitchen Betty accidentally used sour milk in the sauce she was making. Also,
Todd gave food containing dairy products to Norris, a customer with an allergy to dairy products.
The Duckworths were aware of his condition and had assured Norris that his dietary requirements
would be catered for. Another customer suffered food poisoning it is thought due to the food
cooked with sour milk. The Duckworths have requested a letter clarifying the situation. Your
supervisor has requested you write a letter to the Duckworths advising whether they will be liable
for the actions of their employees. Explain what strict liability is and explain whether this applies
Mr. Duckworth visited your office yesterday to ask whether the behaviour of Todd Grimshaw
could be his responsibility. He is often playing practical jokes and yesterday deliberately tripped up Betty in the kitchen who was carrying hot water at the time. Both members of staff were burnt and Betty is suing Mr. Duckworth as she feels it is his responsibility to employ competent staff.
Your supervisor has requested you write her a memorandum explaining how you think the law
applies to this scenario.
defamation - By definition defamation is the act of injuring someone's character or reputation by false Critical Analysis of Problems and Issues in Education - The School Voucher .In order to sue for defamation of character, Defamation of Character Lawsuits: Proving Actual Harm.
Problem scenario: Molly is a single mother. She takes her daughter Rhonda (a two year old infant) to a local playground. While lighting a cigarette, Molly starts talking with another young parent, Dilbert. Molly is distracted by Dilbert's good looks and gritty charm. Meanwhile, Rhonda starts to wander over to the road.
Dilbert notices a possible catastrophe and rushes out after Rhonda. Dilbert just manages to save Rhonda from being run over by Bob, who is driving a van within the speed limit and quite safely. However, Dilbert has too much forward momentum and collides with Bob's van. Dilbert is seriously injured. Bob skids off the road and crashes into some playground equipment. Luckily, no children are using the equipment.
Laura, driving at speed behind Bob sees the above-related events and put her foot down hard on the brakes. Laura's car skids on an oil slick and crashes into a tree. Some distance behind the tree was Leonard. Leonard thought that Laura's car might hit him and he started running away screaming 'oh Lord, don't take me now!' Leonard has an underlying personality disorder and develops a paranoid fear of going out into the street. As a result he loses his job and his livelihood.
The accident involving Leonard is witnessed by Sherry, Rhonda's grandmother, who is also at the park. Sherry suffers from a brief fright, but believes that she will be alright. However, she later develops post-dramatic stress disorder as a result of this event, combined with the news that Rhonda barely escaped serious injury. She had not seen the incident involving Rhonda herself because she hadn't busy setting out the picnic lunch.
Identify any action available in the tort of negligence and analyse the elements of the tort accordingly.
“Defamation” has character.2 These include formal statements on defamation law and freedom of expression in the Ota Platform of Action Defining Defamation on freedom of expression.
Of or Concerning the Plaintiff – To satisfy this element, the plaintiff needs to show that a person who reads the defamatory statement would know that it is the plaintiff to whom the defamatory statements are referring.
The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules of defamation law need to be reformed to take into account the dual importance of public interest speech on the one hand, and the right to human dignity on the other. In particular, the presumptions that defamatory allegations are false and have caused damage, the principle of strict liability to primary publishers and negligence liability to secondary publishers, and the availability of punitive damages, should not survive constitutional scrutiny. The quantum of damages and costs rules, and the remedies available in defamation cases, should also be reformed to reflect the importance of dignity to the claimant, and the free speech interest of the public in receiving accurate information on matters of public interest.
The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that f ...
The violation of confidentiality could also be a matter for aprofessional licensing board.The privacy issue arises in a different context when the governmentattempts to limit the choices of individuals in various personal areas,such as use of contraception or abortion, who to marry, and the right tochose how to rear and educate their children.