FACTS FOR CASE #1
ACME Corp carelessly allowed its factory to spew toxic chemicals into the environment. ACME Corp’s factory is located near a park. May often visited that park while she was pregnant with Peter. Peter was born with a severe disability. That disability was caused by one of two factors: the toxic chemicals that ACME Corp’s factory emitted or the cigarettes that May smoked during her pregnancy. May chose to chain-smoke during her pregnancy despite knowing the risks that her behaviour presented for her unborn child. Can Peter recover compensatory damages if the evidence proves that his disability was caused by ACME Corp? Can he recover compensatory damages if the evidence proves that his disability was caused by his mother’s smoking? Provide the best explanation for your answer.
FACTS FOR CASE #2
Elizabeth had been working as a forest firefighter for two years. Elizabeth was one of the only women in her unit, but that did not stop her from winning the Firefighter of the Year badge for her region. Two weeks later, Elizabeth was notified that she had not passed one of the modules on a newly imposed province-wide fitness test and that, as a result, she would be dismissed. This module of the test required firefighters to run a 2.5 km course of uphill terrain in 11 minutes or under. Elizabeth had taken 11 minutes and 49 seconds. Because of her excellent record of service, she was given a severance package in excess of what was owed to her by law. Does Elizabeth have grounds for a complaint? Briefly describe the relevant considerations.
YOUR ASSIGNMENT
When doing the assignment, envision that you are a young lawyer and the fact scenario represents a case that has come to your office. A senior lawyer has asked you to write a memorandum of law. In that memorandum of law you are expected to be able to do the following:
Identify the relevant parties or players in the fact scenario.
Identify the relevant legal areas, principles and concepts that apply to the fact scenario.
Explain why and how the relevant legal areas, principles and concepts apply to the fact scenario.
Provide a likely outcome of how this fact scenario would be resolved by a Court or Judge. State your reasons why by applying the relevant legal areas, principles and concepts. For example, which party should be successful, the plaintiff (the party suing), or the defendant (the party defending or responding to the plaintiff’s law suit?