#2 – Tony travels for work. Before a trip to Wakanda, he goes to see his Doctor to make sure that he up to date with his shots and vaccinations. His Doctor tells him that he hasn’t been vaccinated for a virus that is fairly common in that part of the world and recommends that he gives him the shot now and once more 3 days before he leaves. He explains that the virus is communicable and to make sure that he is protected, he shouldn’t go without the vaccine. Tony agrees and takes off for his trip. When he arrived with his teammates, Tony suddenly had blurred vision and his legs felt weak. He was required to stay behind and wasn’t able to help his teammates during their business trip. Tony’s vision went back to being 100% and now wants to sue the Doctor for damages. What tort has the Doctor commited? Is Tony entitled an award for damages?

#1 – Mary was crossing the street at a crosswalk. A driver waiting to turn right didn’t see Mary and ran her over. Mary suffered no broken bones but had serious sprains and strains as well as injuries to nerves in her arms and legs. Mary now has chronic pain which she says is a cool 4 out of 10 and is manageable. 8 months later, Mary was celebrating her birthday. When she went to blow out her candles, Emeline thought it would be funny to mush Mary’s face into the cake. Emeline shoved Mary’s head too hard and Mary missed the cake. She ended up hitting her head off the edge of the table resulting in injuries to her neck and shoulders and a concussion. The injuries caused the chronic pain Mary was in to be a constant 11 out of 10. She is suffering from depression and refuses to leave her house. Emeline didn’t know that Mary got hit by a car 8 months prior and was unaware of Mary’s existing injuries. Mary is now suing Emeline for damages. What tort has Emeline committed? Are there any mitigating or aggravating factors? Is Emeline responsible for ALL of Mary’s injuries or just the new ones?

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 .”

Response 1
Emerging Trends and Future Challenges In The Field Of Private Security

Global private security market is poised to grow by $58.7B during 2019 2023 according by Technavio (Bloomberg News). The market is driven by concerns about terrorism and crime. Also, rapid urbanization is anticipated to further boost the growth of the market during the forecast period. Concerns about terrorism and crime are leading to an increase in the adoption of private security services by businesses and residential complexes. Having security guards on premises is crucial for corporations as it would be one of the top deterrents of preventing a crime taking place. While corporations and residential complexes may implement other important security measures such as lightning, fences, alarms, and security cameras, it is crucial to have on site security guards or centralized command center. Having proper security guards in place, lowers the risk of a crime and return creates growth in real estate market value due to lower crime rate. When these factors are evaluated, private security becomes crucial business solution that corporations and urban areas must consider. Security cameras have evolved, and it would be highly unlikely to come across a commercial building where security cameras would not be implemented. Security cameras require continues monitoring whether it is done by on site security or central command center. There are of course challenges with private security which include proper background checks, proper training, and management. If a security guard is not properly trained, may cause negligence to the company that employs security guard and the business may face personal injury liability. A bouncer can be found liable for assault. However, as previously mentioned in this article, the bouncer may not be financially able to compensate the injured person. In those cases, the injured person may sue the nightclub for negligent security (website). Another challenge of course is the cost that comes with a security guard or guards. Depending on the business and what the company tries to protect, evaluation will be performed based on the cost/benefit analysis whether the value of hiring a full-time security guard exceeds the value of stolen property/reputation or not.

References

Website

https://www.bloomberg.com/press-releases/2019-09-27/emerging-trends-drivers-and-challenges-in-the-private-security-services-market-2019-2023-technavio

Website

https://www.alllaw.com/articles/nolo/personal-injury/liability-assault-bar-nightclub-bouncer.html

Response 2

As technology advances so will the methods and tools used for security. This is a common trend that has been happening over the past few years from the use of different types of biometrics and now even robotic tools.  This will lead to its own group of problems which we have only seen a taste of. The idea that robots can soon replace humans in certain jobs cause be an uncertain thought.  There are many pros and cons to this and only time will tell if its the right course to take. The use of biometrics arises many of issues people would have if the technology would advance further into that realm. Identity, privacy, control, jobs and funding are things to be considered challenges if security would face. Privacy and identity are always something that comes into question, how much does a person have to give up in order to keep safe. Control and power would come to those who run these softwares or tools.  People could be replaced by technology and robots just like history has shown already. The biggest benefit of having robots replace some security personnel is that a robot can be replaced, a human life cannot. Robots are repairable, but humans suffer from injuries. The losses from the death of an employee are far greater than from a destroyed robot (Fennelly, 2016) But does this advantage outweigh the humans. The fact is that robots will outperform humans and will become the ideal candidate but when situations go wrong will people be ready to handle the consequences.