Thompson operated an ice-cream truck owned by Smith Foods Ltd. During the summer months Thompson…

Thompson operated an ice-cream truck owned by Smith Foods
Ltd. During the summer months Thompson travelled throughout the residential
areas of a large city selling ice-cream products. Thompson’s principal
customers were children, and Thompson would drive along the streets ringing a
series of bells attached to his truck to signal his arrival in the area.
Alberta, a five-year-old child, and her brother were regular customers of
Thompson. On the day in question the two children heard the bells that
signalled the approach of Thompson’s ice-cream truck. Martha, Alberta’s mother,
was talking to
»

Thompson operated an ice-cream truck owned by Smith Foods
Ltd. During the summer months Thompson travelled throughout the residential
areas of a large city selling ice-cream products. Thompson’s principal
customers were children, and Thompson would drive along the streets ringing a
series of bells attached to his truck to signal his arrival in the area.
Alberta, a five-year-old child, and her brother were regular customers of
Thompson. On the day in question the two children heard the bells that
signalled the approach of Thompson’s ice-cream truck. Martha, Alberta’s mother,
was talking to her husband on the telephone at the moment that the ice-cream
truck arrived. In response to the cries of her two small children for money to
buy ice-cream, she gave them enough money to buy an ice-cream bar each. The
children ran across the street to where the truck was parked, and each ordered
a different ice-cream product. Thompson served Alberta first, and then turned
to serve her brother. At that instant, Alberta ran into the street, with the
intention of returning home, and was struck by a car driven by Donaldson.
Alberta was seriously injured as a result of the accident and an action for
damages was brought against Thompson, the operator of the ice-cream truck,
Smith Foods Ltd., the owner of the truck, and Donaldson, the owner and driver
of the automobile. Discuss the basis of the action on Alberta’s behalf against
the owners and drivers of the vehicles, and determine the basis of the
liability of each party under the law of torts. Render a decision.

»

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