- It came to management’s attention that one of its former employees was spreading rumours about Nexcor’s mining practices, informing the public that Nexcor was dumping toxic water in an adjacent lake. Management believed these rumours were tarnishing Nexcor’s reputation and could lead to unwarranted investigations. Could Nexcor pursue legal action on the basis of a tort?
Compulsory Assignment
Instructions
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Nexcor is a large mining company with a diverse workforce that includes a large corporate division. Known for providing its interns with a wide breadth of experience, helpful mentors, and generous remuneration, it is not surprising that its annual internship-selection process is very competitive.
Faced with a barrage of applications from hopeful prospective interns, Nexcor’s HR officer, Sam, devised a unique strategy that is now part of the initial selection process: All prospective interns are required to sit for test on basic business law principles. Only prospective interns who pass the test will be selected to participate in the second round of interviews.
You are a prospective intern of Nexcor and you are sitting for a test in business law.
Answer ANY TWO OF the following tort-related questions by using the FILAC / IRAC method of legal analysis.
- Ben was suspended pending an investigation after he had been caught operating heavy mining machinery while intoxicated. Frustrated about his situation, he went to Max, his supervisor, to request a second chance. Max refused to speak to Ben, so a furious Ben stormed into his office, yelling, ‘You don’t want to mess with me, Old Man. I know where you live and you know who my friends are’. Max knew that Ben was a member of a notorious gang and he believed that he (Max) could present imminent danger. Did Ben’s conduct constitute a tort? (10)
- It came to management’s attention that one of its former employees was spreading rumours about Nexcor’s mining practices, informing the public that Nexcor was dumping toxic water in an adjacent lake. Management believed these rumours were tarnishing Nexcor’s reputation and could lead to unwarranted investigations. Could Nexcor pursue legal action on the basis of a tort? (10)
- Susi, the daughter of one of Nexcor’s executives, worked at a retail store during weekends. One day, shortly before closing-time, her supervisor informed her and other casual workers that stock had been disappearing at an alarming rate. The supervisor suspected that one of the casual employees was pilfering stock, so he gave Susi and her fellow co-workers the following instruction: ‘No one will go home before I know who the thief is’.
Susi and her co-workers were kept in the store until 11:00 PM before the supervisor allowed them to go home. The executive wants someone to pay for keeping his precious daughter locked-up against her will. Does he have any recourse? (10)
- Mr. Raul Plexis, a non-smoker, was employed as miner and underground driller at one of Nexcor’s uranium mines in Ontario for 20 years. He passed away after a long battle with lung cancer. His spouse, Rachel, alleged Raul’s exposure as a worker in a uranium mine caused, and ultimately, precipitated Raul’s death. Rachel further contended that Nexcor failed to conduct proper testing to ascertain levels of exposure of its underground miners to both radon and silica dust. On which basis might Rachel pursue legal action against Nexcor? (10)
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