Business & Finance Homework
3 years ago 20
Require.docx
Sample.pdf
Require.docx
Request
Please read the business law case “Smith v. Van Gorkom ” and finish this model below follow the sample. Do not write a paper.
CASE Model
1. Facts: Provide a concise overview of the key facts of the case.
2. Issue: Identify the key legal issue(s) in the case.
3. Held: Indicate how the case was decided. Note that the case may have moved from trial to appeal and then possibly to the Supreme Court of Canada (or other top court). If possible please set out how the case was decided at each level of court.
4. Reasons: Set out the key reasons for the decision of the court. Note that in some cases the reasons are extensive. Please summarize such as concisely as possible focusing on what you believe are the critical reasons for the decision.
5. Ratio: Provide the ratio [the key legal principle(s)] that comes out of the case.
6. Comments: Provide your own personal comments or perspective on the case
Sample.pdf
16
SAMPLE CASE SUMMARY
THE CASE OF BUCKLEY & T.T.C. v. SMITH TRANSPORT LTD IS INCLUDED IN THE COURSE PACK UNDER PART II – LIABILITY OF THE CORPORATION IN TORT
Buckley & T.T.C. v. Smith Transport Ltd. Ontario Court of Appeal [1946]
FACTS: 1. Taylor was the driver of a truck owned by the Appellant (Defendant). 2. Taylor failed to stop at a stop sign and crashed into a bus injuring Buckley, the driver
(Respondent - Plaintiff). 3. Taylor had become suddenly insane believing the truck was being operated by remote control. 4. Taylor told the police this story 20 minutes following the accident and to other witnesses the day
of the accident. 5. Taylor died a month after the accident of syphilis of the brain. 6. The trial judge found in favour of the plaintiffs. ISSUE: Does insanity or mental illness relieve a person from a duty to take care and the resulting liability
in negligence? HELD: Appeal Allowed...judgment in favour of the Appellant (Defendant). REASONS: 1. The key question was the degree of insanity experienced by Taylor. As a result of his mental
illness he was unable to understand and appreciate the duty of care required of him. No liability could therefore accrue to him.
2. The Appellant trucking company was not liable for the actions of Taylor as it had no knowledge of Taylor's mental illness.
RATIO:
The decision of whether a mentally ill person can be found liable in negligence is dependent on whether the mentally ill person was able to understand and appreciate the duty of care expected of that person.
COMMENTS: 1. Should the law make such a distinction for those who are mentally ill? Does this fit with the
primary objective of tort law which is to compensate? 2. Many normal people do not fully understand and appreciate a duty of care...should the standard
be different for them?
Require.docx
Request
Please read the business law case “Smith v. Van Gorkom ” and finish this model below follow the sample. Do not write a paper.
CASE Model
1. Facts: Provide a concise overview of the key facts of the case.
2. Issue: Identify the key legal issue(s) in the case.
3. Held: Indicate how the case was decided. Note that the case may have moved from trial to appeal and then possibly to the Supreme Court of Canada (or other top court). If possible please set out how the case was decided at each level of court.
4. Reasons: Set out the key reasons for the decision of the court. Note that in some cases the reasons are extensive. Please summarize such as concisely as possible focusing on what you believe are the critical reasons for the decision.
5. Ratio: Provide the ratio [the key legal principle(s)] that comes out of the case.
6. Comments: Provide your own personal comments or perspective on the case
Sample.pdf
16
SAMPLE CASE SUMMARY
THE CASE OF BUCKLEY & T.T.C. v. SMITH TRANSPORT LTD IS INCLUDED IN THE COURSE PACK UNDER PART II – LIABILITY OF THE CORPORATION IN TORT
Buckley & T.T.C. v. Smith Transport Ltd. Ontario Court of Appeal [1946]
FACTS: 1. Taylor was the driver of a truck owned by the Appellant (Defendant). 2. Taylor failed to stop at a stop sign and crashed into a bus injuring Buckley, the driver
(Respondent - Plaintiff). 3. Taylor had become suddenly insane believing the truck was being operated by remote control. 4. Taylor told the police this story 20 minutes following the accident and to other witnesses the day
of the accident. 5. Taylor died a month after the accident of syphilis of the brain. 6. The trial judge found in favour of the plaintiffs. ISSUE: Does insanity or mental illness relieve a person from a duty to take care and the resulting liability
in negligence? HELD: Appeal Allowed...judgment in favour of the Appellant (Defendant). REASONS: 1. The key question was the degree of insanity experienced by Taylor. As a result of his mental
illness he was unable to understand and appreciate the duty of care required of him. No liability could therefore accrue to him.
2. The Appellant trucking company was not liable for the actions of Taylor as it had no knowledge of Taylor's mental illness.
RATIO:
The decision of whether a mentally ill person can be found liable in negligence is dependent on whether the mentally ill person was able to understand and appreciate the duty of care expected of that person.
COMMENTS: 1. Should the law make such a distinction for those who are mentally ill? Does this fit with the
primary objective of tort law which is to compensate? 2. Many normal people do not fully understand and appreciate a duty of care...should the standard
be different for them?
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