Overview
Scenario
Kingston Lifestyle Inc. operates a retail store and online business.
One afternoon, an employee mops the front entrance but forgets to place a warning sign. Shortly afterward, a customer slips and suffers a fractured wrist.
While waiting for treatment, the customer notices a computer screen displaying confidential customer information that is visible to anyone standing nearby.
Later that day, the store's marketing manager launches an advertising campaign using the slogan:
"Kingston's Original Lifestyle Store"
A competing business that has operated under a very similar name for over a decade claims the advertisement is causing customer confusion.
Finally, a delivery driver employed by Kingston Lifestyle Inc. uses a neighbouring property without permission as a shortcut to access the store's loading area.
Question 1
Identify and explain as many torts (or tort-related claims) as you reasonably believe arise from the scenario.
For each tort identified:
- Explain why it may apply.
- Identify the relevant parties.
Question 2
Which tort do you believe presents the greatest legal risk to Kingston Lifestyle Inc. and why?
Question 3
Provide one recommendation that would help Kingston Lifestyle Inc. reduce future tort liability.