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LA-122A

Fundamental Principles of Tort Law

QUESTION

Siegfried hired James, a newly qualified veterinary surgeon, with board and lodging, into his veterinary practice at Skeldale House. Mrs. Hall is the housekeeper.

A farmer, Alderson, purchased some cattle based on James’s recommendation. Soon after purchase, the cows became unexpectedly and morbidly ill with a disease that was impossible to cure. Alderson believed that James had conspired with the cattle seller to defraud him, so he went to Skeldale House, interrupting an operation James was about to perform on a Pekingese dog, Tricki Woo, owned by Mrs. Pumphey. Alderson demanded that James and his practice pay him back for his damages, threatening to bring their practice into disrepute if they did not comply. During the argument, Alderson became enraged, grabbed a nearby syringe and ran towards James, accidentally stabbing Mrs. Pumphery who, hearing the commotion and fearing that Tricki Woo would be harmed, rushed into the consultation room and frightening Alderson. Noticing that Alderson was trying to escape, James and Siegfried trapped him in the storeroom to await the arrival of the police. While locked in the room, Alderson fainted and banged his head.

James, still stressed from the entire ordeal, decided to continue his treatment of Ticki Woo, but forgot the dog could not be sedated due to a pre-existing condition of emphysema. Tricki Woo was sedated and, as a result, he was unable to breathe and suffocated to death.

As the Christmas period approached, Skeldale House became exceptionally busy, so Siegfried hired an experienced bookkeeper, Miss Harbottle, to help manage the business. When both veternarians were away on vacation and Mrs. Hall had left to visit her son, Miss Harbottle invited the town to a party at Skeldale House. The party went on late into the night, with people becoming excessively drunk and causing massive damage to the pharmacy and messing up the operating room.

Advise the parties.