Emma and Jordyn are at the lake, enjoying a beautiful day. They decide to rent...
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Emma and Jordyn are at the lake, enjoying a beautiful day. They decide to rent a sailboat and go for a ride. Although they are both good sailors, Emma falls overboard when the safety harness on the boat breaks. Emma is not wearing a life jacket. Jordyn jumps overboard, rescues Emma and drags her back into the boat, but Emma breaks a rib in the process. (10 marks total)
a) Emma wants to sue the boat rental company. What tort would she rely on? (1 mark) b) What does Emma need to prove? Describe each element of the tort. (4 marks) c)Describe 1 defence that the boat company could use to reduce or avoid liability. (2 marks) d)Emma learns that Noah, the boat company employee, did not test the safety harness, although he is supposed to do this before the boat is taken out. Explain how the principle of vicarious liability would apply in this situation. (1 mark) e) Assume that when Emma and Jordyn both left the boat, the boat drifted into a nearby dock and damaged it. Would the boat rental company be responsible for the damage to the dock? ( 2 marks)
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