Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 4, Problem 1Q
Summary Introduction

To discuss: Whether person A is denied due process under the given situation.

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On Sunday, May 30, 1982, police officers of the City of Calgary attended at premises owned by Big M whose business is open to the public. They witnessed several transactions including the sale of groceries, plastic cups and a bicycle lock. Big M was charged with a violation of Section 4 of the Lord’s Day Act that says “it is not lawful for any person on the Lord's Day, except as provided herein, or in any provincial Act or law in force on or after the 1st day of March 1907, to sell or offer for sale or purchase any goods, chattels, or other personal property, or any real estate, or to carry on or transact any business of his ordinary calling, or in connection with such calling, or for gain to do, or employ any other person to do, on that day, any work, business, or labour. Big M has challenged the constitutionality of the Lord’s Day Act. The federal Lord's Day Act made it an offence to transact business on Sunday. It was part of a legislative tradition which started in the 17th century…
Sanderson drives a delivery truck for Jim’s Wholesale Foods. As Sanderson is on his way to a local delivery, he rear-ends Sarah’s car. Sanderson immediately gets out of the delivery truck to assist Sarah. Sanderson tells Sarah that he did not intend to hit her and that he is very sorry. Sarah’s car is totaled, and Sarah is taken to the hospital with extensive injuries. Once Sarah is discharged from the hospital, she visits an attorney to discuss her options. Sarah’s attorney advises her that she can sue:   a) Jim’s Wholesale Foods only. b) no one, because the accident was not intentional. c) both Sanderson and Jim’s Wholesale Foods.
The Brineys (defendants) owned a large farm on which was located an abandoned farmhouse. For a ten-year period the house had been the subject of several trespassings and housebreakings. In an attempt to stop the intrusions, Briney boarded up the windows and doors and posted “no trespassing” signs. After one break-in, however, Briney set a spring gun in a bedroom. It was placed over the bedroom window so that the gun could not be seen from outside, and no warning of its presence was posted. The gun was set to hit an intruder in the legs. Briney loaded the gun with a live shell, but he claimed that he did not intend to injure anyone. Katko (plaintiff) and a friend, McDonough, had broken into the abandoned farmhouse on an earlier occasion to steal old bottles and fruit jars for their antique collection. They returned for a second time after the spring gun had been set, and Katko was seriously wounded in the leg when the gun discharged as he entered the bedroom. He then brought action for…
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