ASSIGNMENT #1- (10 marks) – THIS ASSIGNMENT MUST BE TYPEWRITTEN.

YOU MUST USE PARAGRAPHS AND HEADINGS. (DUE BY 11:59 P.M. ON JUNE 11,
2020)

Last week’s forum asked that you identify one particular claim or defense and discuss that. In
this assignment we are taking it further. You are asked to analyze the following legal problem.
After reading the fact pattern you will find that there are many possible Plaintiffs and
Defendants, many possible claims, many possible defenses and remedies.

Use heading and discuss the various claims, defenses and remedies that you can identify.
Further instructions are provided at the end of the fact pattern.

The document must be submitted as a Word or PDF document (i.e. .doc, .docx, or .pdf).

You have from June 8 to June 11 to submit. The deadline to submit is June 11th by 11:59 p.m.
LATE SUBMISSIONS WILL NOT BE ACCEPTED.

After you drag-and-drop your document into the submission area, MAKE SURE TO CLICK the
“Submit assignment” button (otherwise Moodle will only save it as a draft and it won’t be
submitted for grading).

YOUR ANSWER SHOULD BE ABOUT 3 PAGES IN LENGTH AND THE SPACING

SHOULD BE NO LONGER THAN 1.5 LINES.

FACT PATTERN:

At about 1:00 p.m. in the afternoon Damian Construction Ltd. was moving one of their large
crane trucks from one job to another. The driver of the vehicle checked to make sure the crane
was properly tied down. He had completed this trip before and he knew his clearance at a
particular overpass was very tight but he could make it. While driving on the highway (10 kph
faster than the posted sign) he hit a bump in the road. This caused the crane truck to bounce in
the air, breaking the ties and hitting the overpass. The crane truck became stuck and this caused
a lengthy line up of cars for 4 hours before the truck could be released. The damage to the
overpass cost $5 million to repair and it put the overpass out of service for 3 months. The
damage to the truck was $300,000.
The bump was caused by a large pothole caused by freezing and thawing. The highways
department conducted regular inspection of noted the pothole and scheduled it for maintenance
that evening after the rush hour. The clearance sign had fallen off so that it was not visible from
the road.
Kal was driving the car immediately behind the truck. He heading to KPU for last minute
studying and his Business Law final exam which was scheduled for 4:00 p.m. His friend Jen
was in the passenger seat with him. Kal became worried that the traffic jam would prevent him
from taking his exam and decided to squeeze by the stuck crane truck on the shoulder.
Unfortunately, his car slipped on the lose gravel, went into the ditch and up the other side and
broke a fence of a house that was immediately adjacent to the road.
The owner of the house came out yelling and swearing at him including racial slurs and threats
he was going to “beat the s..t” out of him. The owner’s pitbull dog escaped and ended up biting
a David, 10 year old boy who was riding his bicycle. David’s father took him to hospital and
David had 25 stitches to mend his wound. The Municipality destroyed his beloved dog
classifying it as a “dangerous animal.”
Kal’s friend Jen was injured in the accident suffering a broken leg. She was taken to hospital.
The emergency doctor put the let in a cast and told her she should see her own doctor in 3 days
to make sure the swelling had gone down. Jen failed to see her doctor. The swelling continued
and an infection set in. Fortunately, she saw a doctor 10 days later and they did not have to
amputate the leg. However, she was not able to attend KPU the next term the next term because
of these complications.
Kal missed his final exam. Fortunately, his Business Law instructor allowed him to take it at a
later date. However, he missed out on a planned trip to India to visit his relatives. His car was a
total loss and it cost $10,000 to replace it.
Fully discuss all claims raised by this set of facts

a. Who are possible Plaintiffs (there will be more than one Plaintiff)?
b. Who will the Plaintiff(s) sue? Identify each Defendant.
c. What legal claim(s) could each Plaintiff make against the Defendant(s)? You must
discuss the elements of the claim. The claims must be discussed separately.
d. What remedy would the Plaintiff seek?
e. What legal defences might each of the Defendant(s) raise if any? Identify any counter-
claims or third party claims the each of the Defendant(s) might have.
f. Make a decision as to who will win each of the claims with reasons. What will be the
result(s)?