Jan was an aspiring entrepreneur, who had just graduated from MacEwan University with a diploma in Business. She wanted to start her own business, and spent many days and nights considering various ideas which, she hoped, would make him buckets of money.

One day, she hit on what she thought was a brilliant scheme services to seniors. The population was rapidly aging, and she couldnt see how she would fail to make money with such a business focus. She decided to start Sunny Daze for Seniors Ltd., which take seniors on various trips and adventures in and around Edmonton.

In her first summer of operation, she decided to offer canoe and biking trips for more agile seniors. She wanted to start small, since she didnt want financial strain while building the business. So, she didnt order much in equipment. She entered into a contract with Boat Stuff Inc. for canoes 5 ultra lite, fiberglass, tip resistant beauties. As well, she entered into a contract with Wheels R Us, a well known supplier of all things with wheels, for bicycles 5 ultra lite, super stable touring bikes. Delivery on both these items was to be May 1.

1. May 1 came and went, and there were no bikes delivered. The next day, Jan stormed down to Wes small workshop/office, and demanded to know where her order was. Wes, it turns out, had been going through a tough divorce, and had been drinking heavily over recent months. He was very drunk the day Jan placed her order to the point where he had no recollection of Jans order, despite the fact that she produced the written copy. Jan thought that Wes seemed unfocused on the day they met to sign up the deal, and she had detected the smell of alcohol on his breath. But, she just thought hed been partying the night before.

She we over to Wheels R Us office, and met with Wes. She told him that, drunk or not, she would sue him til the cows came home! Shed lose thousands of dollars in profit, since she now had to cancel several specially booked private bike tours for visiting Japanese seniors! They had agreed to pay top dollar! Wes said, go ahead his business is going under anyways and you cant get blood out of a stone! Jan shouted, Ya, well, what about your that fancy sports car you drive around in?! And your 6 bedroom villa at Mucamuca Lake?! Ill take you for everything youve got! Wes shook his head, left the office, got into his fancy sports car and drove off, leaving Jan standing there with her mouth open.

2. Fortunately for Jan, her canoes showed up on time. She anxiously anticipated taking a group of 10 seniors from a local activity centre on a trip down the Saskatchewan River, from Devon to Edmontons downtown. They had all registered and paid several weeks prior to the actual trip date, so Jan anticipated smooth sailing both literally and figuratively.

On the bright, sunny morning in question, Jan met with her customers on shore, and went over the safety procedures with them. She also had them sign the following waiver:

I understand that canoeing is a high risk activity, that that in the event the canoe capsizes, there is potential for bodily harm and even death. I agree to hold harmless Sunny Daze for Seniors Ltd. for any and all injury or harm, resulting from the canoe trip occurring on (date).

All the customers signed it, including Vern Hamm. Vern was a veteran canoeist, who thought the whole waiver exercise was rather silly. He gave the form a cursory glance, and signed it while joking with his fellow canoeists. From there, all participants were fitted with helmets and personal flotation devices. Vern was especially perturbed about the helmet requirement what was he going to bang his head on in a canoe? Turns out Vern had a bit of a large head, so his helmet was perched on the top of his head at a rather goofy angle, despite the fact that it was the largest helmet that Maggie had.

The canoes were launched, and the group started down the river. Maggie was in to boat to supervise. The water was somewhat rougher than Maggie had anticipated, since it was early in the spring. But, since she had the foresight to order the tip resistant boats, she wasnt overly concerned.

But tragedy struck soon after. The seniors had a difficult time handling the rough water, and could not control the direction of their canoe. This was, in part, because the canoes were so light. In the resulting chaos, there was much screaming and many paddles flailing about. One paddle clipped Vern in the head, and caught him full forehead (which was not properly covered by his helmet). He is now in a coma, due to the resulting head injury, as the paddle caught him exactly in the spot where he had previously sustained a shrapnel injury from his days serving with the armed forces.

3. After the debacle with Wes and Vern, Jan decided shed better take some serious steps towards marketing, if she was going to make any money at her business. So, she signed a contract with one Ken Barbie, who was well connected in the seniors travel industry. He agreed to approach his tour operator contacts, and try to get Jan some business through them. Jan dropped off a package of her promotional brochures, and waited for the phone to ring!

Ken did some investigation, entered found a fantastic deal for Jan. Magic Moments Tours Ltd. took a look at the brochures, and loved what Sunny Daze had to offer. Ken quickly entered into an agreement, on behalf of Sunny Daze, to provide bike tours on Edmonton River valley bike paths for bus passengers of Magic Moments Tours Ltd. Magic Moments was run a variety of bus tours across Canada, and their clients, while predominantly over age 40, were not limited to seniors.

When Jan found out about the deal, she was most unhappy. She told Ken, I cant do bike tours! Didnt I tell you that Wes messed me up on my bike deliveries, and now Im limited to walking and canoeing tours!? And besides, I do tours for seniors, not everyone and his dog! Ken said, Ya, but, your brochure says bike tours, so I found bike tours! Surely you can scrounge up a few bikes?! And who care how old your money paying clients are?!

Jan refused to provide the bike tours to Magic Moments. Discuss the potential lawsuits.