Kyle v Dan Kyle owned a BMW that needed repair. He had previously used Dan's garage for repairs. Dan was a skilled car mechanic. His shop was known for fixing BMW's. When Kyle arrived, Dan's garage was very busy with customers. Kyle was in a hurry as it was close to 5pm when Dan's garage closed. There was not any room to park his BMW inside Dan's building. Kyle gave his car keys to one of Kyle's employees who he watched park it on the street just outside of Dan's building. Dan called Kyle the next morning and told him that his BMW had been vandalized the night before. The damages were nearly $30,000. Kyle is upset and wants to sue Dan.

1. What is the main legal issue? 1 mark

1. What is the main legal test/rule of law governing this issue? 1 mark

1. What is an argument for the plaintiff? 1 mark

1. What is an argument for the defendant? 1 mark