ASSIGNMENT 2 – EXPLORING THE TORT OF NEGLIGENCE 2017

 

YOUR TASK

 

Your task is to find and analyze a real life event in which someone or a business may have committed the tort of negligence.

 

The story you choose could be any of the following:

 

  • a real life incident (which could be something that you have personally witnesses or an event you know a lot about). If you choose a story that has not been published in the news, please ensure you change the names or other identifying facts to protect the privacy of those involved.

 

Or

 

  • A Canadian online news story about a serious incident or accident. Please ensure that your assignment provides a link to the website you have used. Feel free to use a freely accessible website such as CBC News (http://www.cbc.ca/news/) or CTV News (http://www.ctvnews.ca/).  You might also get ideas from the Transportation Safety Board website: http://www.tsb.gc.ca/eng/.

 

You may not use a story that has already gone to court.

 

You may not use a story in which the plaintiff would be an injured employee suing their employer (because negligence lawsuits are not allowed in such situations because employee claims are usually subject to Workers’ Compensation legislation.)

 

You will write a 4 – 5  page (1.5 spacing) analysis which argues that a legal claim for negligence might be made against one of the businesses or individuals mentioned in the story.   If there are multiple possible defendants, please choose only one defendant for your analysis.

 

Your arguments must be clearly based on and reflect the elements of the tort of negligence that are taught in this course (ie the elements that the plaintiff must prove in order to be successful in a negligence lawsuit), and should also address possible defences that may be raised by the defendants.

 

Refer to the facts given in the story, but you may also suggest facts which might be proven through further investigation. Be clear in your argument which type of fact you are talking about.

 

You are free to use any format for your essay that you consider best suits your analysis but you will be graded on how logical and organized your analysis is.

 

Remember to cite any sources you have used in your report.  My preference is APA format.

 

The written part of your report may not exceed 5 pages (1.5 spacing) plus one additional page for your title page and one page for your bibliography.

 

 

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