Brown is a farmer who rises chickens on a large scale. The baby chicks require a continuous supply of oxygen to survive and the necessary equipment for that purpose is connected to the electric power supplied to the farm. Brown had installed an auxiliary battery-operated power generator in the barn to be available as an emergency back up. He also had a battery-operated power failure detector installed in his bedroom so that if the power in the farmhouse failed, a warming signal would alert him to the potential danger of loss of power to his operation.

Chauncey is a deliver for Gardiner Transport Ltd. While driving the company's tractor-tralier on the night run, Chauncey allowed the vehicle to wander on the shoulder of the road where the upper part truck overhead wires. As a result, electric power service in the area was interrupted for a period of five hours. This interruption extinguished the supply of oxygen to Brown's barn and several thousand chicken died. Unfortunately, Brown had temporarily disconnected the alarm detector in his bedroom and so on the one occasion he needed it, it was not in operation.

Brown brought an action for damages of $30 000 against both Chauncey and Gardiner Transport Ltd to compensate him for the loss of his chickens. At the trial a witness estimated that 40% to 50% of chicken breeders used power failure detectors.

Discuss the merits of the plaintiff's case, with particular reference to each of the element of a torts action. Explain with reasons what the court's decision would probably be.