ASSIGNMENT NO$.1$ Spring $2024$

Chapters $4,5$ AND $6$

Question $1$

Zooland Ltd$.$ owned and operated a large zoo and entertainment complex in Niagara Falls. One of their

most popular attractions was an outdoor stage show featuring the Magnificent Ernie and his trained bear

"Bert". Ernie and Bert performed a number of tricks, with a finale where Ernie would wrestle Bert,

ultimately causing Bert to "tap out" with his paw, signaling victory to Ernie.

The tickets to the show included the following warning on the reverse side:

$$WARNING $-$ patrons are warned that the show that they are about to see involves the

use of wild, unrestrained animals. These animals are unpredictable and accidents will

happen. The ticket holder hereby releases Zooland Ltd$.$ from all liability for any injury

sustained while viewing this show."

On January $15$th$,$ Ernie decided to introduce a new wrinkle to the show. During the wrestling match,

following a particularly vicious "attack" by Bert, Ernie's arm flew into the audience. "Blood" spouted

everywhere and it appeared that Ernie had lost his arm to the savage Bert.

Ernie had told no one of his plans to introduce the fake arm and blood to the show. Bert$$s trainers, thinking

that Ernie was injured quickly advanced to attempt to restrain Bert. Bert, terrified at the advancing handlers,

bolted from the stage.

The fake arm struck Esther, who screamed and fainted.

The staff and security personnel were in shock as the crowd panicked. It took several minutes for someone

to call emergency services. An ambulance arrived $20$ minutes later. The paramedics were told that Esther

had fainted. She seemed to be somewhat confused, although conscious. It was decided that she would be

taken to the hospital as a precaution. However, since she had gained consciousness, the lights and sirens

were not activated by the paramedics.

Esther had had a history of heart problems and usually wore a medic alert bracelet. She had recently

broken the bracelet and had not replaced it$.$ The paramedics had not, in any event, checked for a bracelet

or inquired as to Esther$$s medical history.

Esther sustained a massive heart attack when the ambulance was approaching the hospital. The doctors

were unable to save her. If she had been at the hospital when she suffered the attack, it was likely that she

would have survived.

Meanwhile, Bert was still on the loose.

Chauncey was a driver for Gardner Transport Inc. He was about to pull into the Niagara Falls Casino parking

lot with a load of slot machines when Bert darted across the street in front of him. Startled to see a large