Assignment task:
YouTube Video: Camera captures terrifying boat crash
Please watch the video, and then comment on the following applying Canadian law:
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).
Your 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? (1 mark)
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
Assume that it happened in Ontario. Which trial court would this be heard in and why (explain jurisdiction, monetary amount, etc.
Please only use the facts outlined in the video. Looking up other information about the event will not assist you in answering the questions - why? Because some are American and the law in the US is different than it is here. Also, information you find online will notress the specific questions are asked.