Question
Identify FIVE (5) distinct legal elements of the case .For each legal element identified, identify (1) the specific act or omission, (2) the party(ies) involved,
IdentifyFIVE (5) distinct legal elements of the case.For each legal element identified, identify (1) the specific act or omission, (2) the party(ies) involved, (3) whether it is under public law or private law (4) any applicable legislation, (5) the possible legal consequences, and (6) any possible defences.
John is the owner of Jumping to Conclusion ("Jumping"), a company which offers skydiving experiences in Sarnia, Ontario.Jumping has two employees, Bob the pilot and Jerry the tour guide.
Jumping leases an aircraft hanger where it services and stores the aircraft which is used in the skydiving tours, a "GoldWing Flyer".The hanger lease was the result of a series of back-and-forth emails between Jumping and the landlord, sealed with a "handshake between gentlemen".
John was a licenced airplane mechanic in Australia, but he does not have the equivalent qualification for Ontario.He undertakes all the mechanical work on the Flyer including the regular service on a monthly basis as stated in the owner's manual published by the plane's manufacturer, GoldWing.
A year ago, GoldWing discovered a problem with the oil pump in the Flyer model.It issued an announcement on its website advising all owners of the Flyer model to service the plane every two weeks instead of every month as stated in the owner's manual.John is unaware of this.
Each time after servicing the GoldWing Flyer, John is too lazy to properly dispose of the used oil and just dumps it on the ground next to the hanger where it runs onto neighbour Nick's property.Nick's pet, Barky the dog, licks up the oil and dies.
Bernie visits Jumping and pays for a skydiving gift certificate, intending to give it to a co-worker as a birthday gift.Bernie's 16-year-old daughter Mary found the gift certificate and goes to Jumping.She presents the gift certificate and signs Jumping's standard waiver form before getting on the GoldWing Flyer with Bob and Jerry. Jerry did not check her ID even though Jumping's policy requires him to.
Halfway through the flight, the plane was struck by lightning and started to tip violently to one side.Jerry acts quickly by strapping parachutes to himself and Mary.The two of them jumped off the plane.In the course of landing, Mary was being posing for a selfie and breaks both her legs.The injury made her immobile for one month, but she made a full recovery.
The plane, with Bob still on board, crashed into Don's house which is next to the airport. The plane crash killed Don's wife and three children, leaving only Don who wasn't home at the time.
The paramedics arrived at the scene and found Bob unconscious.He was transported to hospital. The doctors performed blood tests to ascertain his blood type so he can be given a transfusion.The same blood test shows that Bob was intoxicated by alcohol.
The local newspaper, Sarnia Sun, investigated the story.At the conclusion of the investigation, the Sarnia Sun published a highly critical story with the headline "Jumping to Conclusion Negligently Destroys Local Family" on the front page.
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