This is CANADIAN Commercial Law. The book for the course is called ‘Managing the Law – The Legal Aspects of Doing Business’ Third Edition from Pearson Canada.
1. This assignment is worth 10 per cent of your final grade and must be submitted after you have completed Unit 7.
2. Prepare a one to two page, double spaced, typewritten or word processed response to each case. For each case, ensure that your response or analysis addresses all aspects of the case problem.
Graham, a 22 year old university student, decided to go go cart racing with a few of his friends. The local track, called Speed Demons, provided rentals of high powered go carts capable of speeds of up to 60 kilometres per hour. Speed Demons also had a restaurant and lounge.
Before renting a go cart, Graham drank four beers with his friends over lunch. When he paid his rental fee, Graham was presented with a “waiver of liability” form which he was told by the attendant to read and sign. Graham, who was swaying somewhat at the rental counter, did not read the form but signed his name. After his fourth erratic lap around the track, he lost control of the go cart and suffered a serious neck injury.
To make matters worse, when his friends rushed over to assist him, they didn’t realize he had injured his spinal cord and pulled him roughly out of the go cart. As a result, Graham’s spinal cord was damaged and he has lost the use of his legs. Medical experts claim that if proper precautions had been taken by his rescuers, he would have preserved the use of his legs and his injuries would have been relatively minor.
Advise Graham of his rights and determine the probable outcome if Graham should bring legal actions against Speed Demons and the friends who removed him from the go cart.
Kirk went to “Togs to Go” to return a shirt for which he did not have a receipt. While attempting to convince the clerk to accept the return, he became quite agitated. When he began to raise his voice, the clerk called security. Mr. Brander, the store’s new security guard, arrived and told Kirk to leave the store. Kirk began to walk toward the door without protest, but Mr. Brander grabbed Kirk’s upper arm and insisted on escorting him out. On their way to the door, Mr. Brander said loudly, and within earshot of other customers, “You probably stole the shirt, and you’re lucky I’m not going to charge you.”
When they reached the door, Kirk pushed Mr. Brander away, presumably wanting to leave the store unassisted. Mr. Brander’s reaction was swift and violent. He put Kirk into a headlock and punched him in the kidney area. He then escorted Kirk to a room at the back of the store where Mr. Brander refused to let him use the phone. Four hours later, Mr. Brander finally called the police. Kirk was eventually released.
The store manager phoned Kirk to apologize for the actions of his overzealous security guard, but Kirk feels humiliated and wants to take legal action.
Explain Kirk’s options and the legal arguments available to both sides. What is the likely outcome?