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11. Toby hired a local company, We Sit Dogs (WSD) of Fredericton, NB to look after his two dogs valued at $5 000 each while

11. Toby hired a local company, We Sit Dogs (WSD) of Fredericton, NB to look after his two dogs valued at $5 000 each while he was vacationing in St. Lucia. When he returned from St Lucia, one dog was dead as it had run away from WSD and was struck by a truck. The other dog contracted a virus and Toby had to spend $3,000 in having the dog treated by a veterinarian. Toby was devastated by the loss of one dog and the illness of the other. a. Toby decides to sue WSD for breach of contract. Which court will most likely hear the action (explain why)? (2 marks) b. In the subsequent legal action, WSD points to the fine print in the contract signed by Toby that reads: "WSD is not responsible for any damage suffered by animals in its care, regardless of cause." How could Molly argue against the enforceability of this clause? (4 marks) c. If Toby is successful, what damages is he likely to be awarded? Explain

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