Ethics quiz: What's right thing to do in these cases?
What's legally required sometimes differs from what's "the right thing to do" in a given situation. Toronto lawyer Greg Chang (bcbarristers.com) provides the answers in this road trip ethics quiz.
Q: As you enter the roadway, a vehicle swerves around your auto and strikes another vehicle causing serious damage. Your car is not hit.
Are you required to report the crash to police?
A: Yes. Under section 199(1) HTA, every person in charge of a motor vehicle who is directly or indirectly involved in an accident causing personal injury or damage over $1,000 is required to report it to police.
Q: You see a minor traffic collision. You are not involved and there are no injuries.
Must you report it to police?
A: For a minor fender-bender, the legal answer is "no" but if you actually saw the crash occur, my view is that you have a positive duty to contact police as a witness, as per S.199(1) HTA.
Q: At a full-serve station, you ask for $20 worth of gas but the attendant comes back late after $25 of gas has already been pumped.
Do you have to pay for the extra amount?
A: Assuming the attendant acknowledges that you asked for $20, then legally, you're only obligated for that amount. But most would agree it would be "right" to pay for the full amount if you have the funds.
The gas station would be smart to offer a nominal voucher or credit in exchange for your paying the full amount, to resolve their honest mistake.
Q: Stopping for fast food, you ask if a certain sandwich is $6 and the server nods yes. But after it's made, the cashier says it's excluded from the advertised sale and charges $9. He refuses to honour the $6 price even after the server admits it was her mistake. Who's right?
A: Neither side is compelled to complete the transaction. But given that the mistake was entirely the fault of the server, the store could have "done right by the customer" by simply honouring her word.
There was no contract formed here. The buyer was careful enough to verify that the item was $6 and then the seller presented it at $9. The terms of the ($9) contract were not agreed upon in advance – and cannot be enforced. It's a silly error for the store as the buyer leaves both hungry and dissatisfied, and is unlikely ever to return.
Eric Lai adds:
This actually happened at a sub shop recently. Head office was asked to clarify store policy, though nobody has replied.
Q: A truck spills its load of frozen food on the highway. As the food can't be sold now and must be thrown out, is it okay if you take some?
A: No, ownership of the goods hasn't been relinquished. The owner cannot simply abandon the goods as police would require them to arrange or pay for the clean up.
For small ticket items like frozen peas, police are unlikely to chase down a passer-by who takes a single bag. For expensive items, such as electronics, criminal charges are highly probable.
Email your non-mechanical questions
to Eric Lai at wheels@thestar.ca.
Due to the volume of mail, personal
replies cannot be provided.
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