John Brown was born in 1987, the same year that the government of Newfoundland partnered with Calgary businessman Philip Sprung to build a multimillion-dollar greenhouse complex in the St. John's area to grow cucumbers. The greenhouse used high-tech hydroponics that grew plants faster than conventional farming methods.

Unfortunately, Newfoundlanders, at that time, did not eat a lot of cucumbers and the shipping costs to markets outside the province made exporting unprofitable. The greenhouse also had problems with poorly controlled humidity and heat levels resulting in somewhat misshaped cucumbers. Then in December 1988 the entire cucumber crop died on the vine. By March 1989 the company was bankrupt.

John comes from a long line of farmers and has always been intrigued with hydroponics and the Sprung Greenhouse. After graduating with a degree in Agriculture in 2012 John returned to the family farm just outside the St. John's area and worked diligently to expand the family business. In 2015, his grandfather, being duly impressed by his grandson's efforts, gifted a portion of the family farm to John.

Despite the demise of the Sprung Greenhouse, John is confident in the science behind hydroponics. In 2016 John built a greenhouse to grow tomatoes on the land gifted to him by his grandfather using the same hydroponics that had been used in the Sprung Greenhouse. John's research indicated that Newfoundlanders eat more tomatoes than cucumbers and he was able to secure a stable market in the province to make his operation profitable.

While John's grandfather was not optimistic that his grandson's tomatoes could survive Newfoundland's cold winter climate, John's first year of business proved to be quite profitable. With his next crop almost ready for market John met with his banker to discuss a loan to expand his business to grow lettuce. John's banker is surprised to learn that John does not have an auxiliary generator for his greenhouse, which is the industry standard for hydroponics to protect the crop in the event of a power outage. John informed his banker that he had limited financial resources when he first built the greenhouse and could not afford a generator. However, he was in the process of having a generator installed. Subject to the installation of the generator, John's banker is prepared to give him the loan to expand his business.

Unfortunately, while John is meeting with his banker an accident caused a power outage at his greenhouse. It being January in Newfoundland with temperatures below -20 Celsius, John's entire tomato crop perished. It is determined that the accident was caused by Sullivan, a driver for Taylor Transport Ltd.. Sullivan was texting his wife to let her know that he would be late for supper when he lost control of the transport truck causing the truck to go off the road and hit an electricity pole.

The perished tomatoes resulted in loss profits for John and his banker is no longer prepared to give him a loan to expand his business, as she is concerned about his ability to make the loan payments. John is distraught that he may have to declare bankruptcy as he was so busy with running his day-to-day operations he forgot to renew his insurance. He is not eating or sleeping and is suffering from severe depression as he feels he has tarnished his family's farming reputation.

John has decided to sue Sullivan and Taylor Transport.

Follow the approach to a case analysis set out in the "Individual Assignment" under Course Content. Your analysis and discussion should include:

i. The nature of the action that John may take against Sullivan and Taylor Transport;

ii. Any defences that may be raised by Sullivan and Taylor Transport;