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Assignment #2: Sauve V Provost Case Study

869 words - 4 pages

SOC115 Law and Ethics

1. Which court heard the case? What was the name of the judge who heard the case? On what date was the case reported?

The court who heard this case was the High Court of Justice in Ontario. The name of the judge was Granger J.. February 26, 1990 was the date the case was heard.

2. Briefly summarize the facts of the case. Who is the plaintiff that is suing for compensation? Who are the defendants that are defending against the law suit? What is the relationship between the plaintiff and the defendants? Where and how did the plaintiff hurt herself?

Eileen Sauve was the plaintiff that was suing for compensation. Sauve was nine months pregnant when she fell four feet from the back porch of her parent’s house and fractured both wrists on May 29, 1986. This incident happened at 23 Government Rd., Wawa, Onatario. The defendants were Eileen Sauve’s parents, Mr. and Mrs. Provost who owned the land. Mr. and Mrs. Provost’s porch had rotten wood and it was in a dangerous condition. Mrs. Sauve assessed $50,000 in general damages.

3. In the case, the judge states that the “defendants’ liability for the plaintiff’s injuries rests on the duty imposed by s. 3(1) of the Act.” Copy and paste section 3 (1) of the Occupiers’ Liability Act into your assignment. Does section 3(1) explicitly state that an occupier of premises has a duty to inspect their premises?

Occupier’s duty
3. (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

No it does not “explicitly” state an occupier has a duty to inspect their premises. Explicitly means to very clearly explain something. If it was explicitly stated, it would be written something like, “An occupier of premises owes a duty to inspect the surroundings of their premises.” It does state however, not explicitly though, that an occupier should take in such care his/hers premises, which I believe means to take in account possible dangers in the premises.

4. At the top of page 3 the judge writes that the “plaintiff contends that “such care” in the circumstances of this case includes…” Type out the whole sentence. Did the judge agree or disagree with the plaintiff’s interpretation the words “such care”?

The plaintiff contends that “such care” in the circumstances of this case include a duty to...

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