Tort Law
Find the law’s. And state your reasoning and opinions. Answer in short detailed paragraphs scenario. For each question answer:
Part A- answer the question and
Part B – Make it easier to navigate.
#1 – It’s the World Cup and John and Mark are at a bar discussing John’s latest get rich quick scheme. John tells Mark that he’s coming out with a new clothing line call COACH. Mark tells him that that brand already exists but John says nobody has ever heard of his brand (pronounced QUATCH, like sas QUATCH? Get it?). Mark agrees and says he’s onboard. Mark sets up a pop-up shop and starts selling Quatch handbags. An officer walks by and sees the merchandise and goes to charge Mark for selling fake merchandise. Coach also commences a civil action against Mark. What Tort has Mark commited? What defences are available to Mark? Is John liable to Mark for anything?
#2 – After his arrest, Mark retains the services of Boye, Wecheetum & Howe. Harold Boye, tells Mark that he can get him off of the charges and that he’s in good hands because he has lots of experience in tort law. When they get to trial, Mark realizes that Harold doesn’t have the slightest clue of what he’s doing and bungles the entire trial. Mark now wants to sue Harold. What tort has Harold commited? What does Mark, as a Plaintiff, need to prove to be successful? Does Harold have any defences?
(Canadian Law)
Book: Second Edition
“Carolyn A. Maclean, Laurence M. Olivo &Jean Fitzgerald .”
