Chapter 3 Case 1 and 2

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School

George Brown College Canada *

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Course

203

Subject

Law

Date

Jun 3, 2024

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Pages

1

Uploaded by AgentOwl52

Case 1 Meghan is an inventor who developed a new product that could cool the temperature of liquids very rapidly. She named it “ICY HOT.” The product was a thick ceramic plate that used electricity and a beyond-micro compressor. The temperature of the liquid in a glass placed on the plate could be lowered by 15 degrees Celsius in a matter of minutes. Meghan wanted to promote her new product and arranged with a local retail store to allow her to demonstrate ICY HOT in the store on a Saturday morning. She set up her demonstration booth and was amazing customers with her sales banter and her product’s ability to produce iced coffees from hot coffee, which she was offering to passersby. The ceramic plate Meghan used to chill the drinks was on a table in front of her, along with three other display plates that were not being used. Meghan had put a small, handwritten sign on the table indicating the plate could become so cold that it would burn skin if not handled properly. During a quiet period at the booth, Yan, a store customer, wandered by just as Meghan had turned her back and bent down to get more clean coffee glasses for the demonstrations. Yan picked up a plate to examine it, not realizing it was the demonstration plate. Meghan turned around in time to see Yan scream in pain and pass out on the floor, with the plate frozen to his hand. Meghan quickly unplugged the plate and yelled for management to call for an ambulance. The manager began to pry the plate off Yan’s hand, tearing the skin, before Meghan stopped him and told him to leave it to the paramedics. Yan came to while the paramedics were removing the plate from his hand as they were en route to the hospital. He sustained significant damage to his right hand that was worsened by the manager’s actions. Yan won’t be able to work as a violinist with the city’s orchestra again. Meghan has decided to move from applied research and product development to pure research. The manager is on a first aid course. Analyze and discuss the tort liability of the various parties involved in this situation. ( LO 3.4) Case 2 Sloane, owner of SpiritAway Spa and Salon, arrived at her desk at 10:30 a.m. SpiritAway Spa was a thriving business in a growing industry. Because of her business’s reputation, she employed 15 hair stylists and aestheticians, and SpiritAway was clearly contributing to the local economy. Sloane had just received her financial analysis from her accountant. By providing a quiet, high-end haven and top-notch customer service, SpiritAway had seen a 20 percent increase in sales from the previous year. Sloane’s attention was drawn to a dreadful noise outside her tranquil establishment. Barking reverberated throughout the spa, even though the windows were shut and the ventilation system was on. Sloane had never heard dogs barking before anywhere near her building. Several of her staff entered her office to complain that the dogs had been barking since early morning. They could see the three F2&¢ 60 junkyard-type dogs in a fenced-in area next door to the spa. Sloane contacted the owner of the building who explained that his new tenant, owner of a recording studio, kept the dogs for added security in his newly renovated building with noise-cancelling walls. Sloane voiced her complaint that the dogs’ barking continuously through the work day was driving her clients away. The owner of the building said he didn’t have to comply with Sloane’s request as there were no municipal bylaws in that area of town regarding noise. What is the tort in this case? What would you advise Sloane to do? ( LO 3.4)
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