In proper memo format, provide thorough answers to the following questions in Part A and Part B.

Part A – General Questions:

Explain the elements of negligence in tort law.
Explain what damages may be recovered for negligence.
Discuss two defences to negligence.

Part B – Fact Pattern Questions:

Sally Sunshine lives in a rental townhouse unit owned by Green Acres Townhouse Corporation. On Wednesday evening, the superintendent failed to completely turn off an outside water tap. The water flowed onto a portion of the sidewalk. About 9:00 p.m. the superintendent Jack Jones saw that the tap was running so he shut it off. It was a cold winter evening with a prediction of -10C overnight temperature and light snow. Jack did not salt or sand the flooded area. Because of the cold overnight temperature, the water on the sidewalk froze and was then covered with about 2 centimeters of snow. Every morning Sally takes a half-hour walk in her neighborhood.

On Thursday morning, she sees that the ground and sidewalks have been covered with snow. Sally is 70 years old and a little unsteady on her feet so she puts on her winter boots and decides to bring along her cane. She is unaware of the condition of the sidewalk because the icy patch on the sidewalk is covered by the snow. When she steps on the snow covered patch of ice she slips and falls. She suffers a broken arm in the fall as well as some bruising and sore hip. Sally consults you about compensation for her injury. Your research reveals that damages for a fracture of the kind suffered by Sally would be in the range of $14,000.00 to $18,000.00. Sally is not working. She has her regular monthly pension and Canada Pension Benefits.

Sally wants to sue Jack.

Discuss the basis of Sally’s claim in tort and damages sought.
Discuss possible defences available to the defendant(s).


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