Problem
Facts:
Mary Jones owns a dog. The dog is three years old and has a nasty streak. He has bitten three of Jones' friends who were visiting her house. Jones makes up all sorts of excuses for the dog's behavior but does nothing to train the dog. She is careful to place the dog in a closed room when friends visit. One day, while Jones was at work, her housekeeper, Henrietta Williams, intentionally allows the dog to leave the premises and roam the neighborhood alone. The dog encounters children playing in a yard and attacks them, leaving three of the children with bite injuries that require medical attention.
i. Was a tort committed? If so, what type of tort?
ii. Explain who you think was at fault and why.
iii. Does Mary Jones have a defense that Henrietta Williams did not follow instructions and she is at fault? Explain your response.
iv. Explain scienter and what part it plays in this case.
v. What amount of damages do you think is fair to award the plaintiff, if any and why?