Question: Please watch the video from the link below . The video is about a boat crash or accident . And after seeing the video apply
Please watch the video from the link below. The video is about a boat crash or accident . And after seeing the video apply the Canadian law to the questions below and explain them briefly by relating the detail from the video while explain the concept.
https://youtu.be/_ORdJaGA6BQ
- Identify the specific tort(s) that were committed.
- Identify who is at fault/who is liable (please ensure that you describe the party at fault with enough specificity that I know who you are talking about).
- Identify the legal test the plaintiff must prove in order to successfully sue the defendant.
- In your own words apply the legal test.
- Explain how the defendant failed to meet their standard of care.
- Applying the legal test, explain who you think will win the lawsuit and why .
- Was this event reasonably foreseeable? Why or why not?
- Identify relevant damages the plaintiff would sue for and for what purpose (do not use aggravated or punitive damages).
- answer should include the specific type of damages and what specifically those damages are for
- Explain if it is possible for the plaintiff to mitigate their damages.
- Explain whether contributory negligence applies and how.
- Identify if there is an issue of vicarious liability if so, who else should be added to the lawsuit?.
- Identify if there is a contractual relationship between the plaintiff and defendant -if so for what purpose.
- Can either the plaintiff or defendant ensure that the event does not happen again if so how?.
- Pick either the plaintiff or defendant - explain whether litigation or alternative dispute resolution would be better suited to resolve the issue (4 marks)
- Assume that it happened in Ontario. Which trial court would this be heard in and why (explain jurisdiction, monetary amount, etc. (3 marks)
only use the facts outlined in the video.
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