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Mr. Apple works as an operator of an ice-resurfacing machine. The machine needed gas. The manufacturer has placed the water tank and the gas tank
Mr. Apple works as an operator of an ice-resurfacing machine. The machine needed gas. The manufacturer has placed the water tank and the gas tank right beside each other. In addition, the two tanks are similar in colour and shape. Mr. Apple made the mistake of filling the gasoline tank with water. While filling the gas tank with water, some gasoline fumes escaped and reached a nearby heater, causing an explosion, which in turn caused injuries to Mr. Apple. Mr. Apple sued the manufacturer of the resurfacing machine for negligence. Explain what Mr. Apple will have to demonstrate to prove his negligence claim. What arguments could the manufacturer make? You are the judge. Make a decision and explain how you reached your decision. Cases: 1. Lambert v. Lastoplex Chemicals, 1971 2. Walford v. Jacuzzi Canada Ltd., 2007 ONCA 729 3. Rivtow Marine Ltd. v. Washington Iron Works, 1974 You must read and refer to the case(s) that are included with this assignment. There are three cases for question one (you must read and refer to one of the cases - you can read and refer to one or both of the other cases) There are two cases for question two (you must read and refer to one of the cases - you can read and refer to the other case). You should also refer to your text in your answers for each of the questions
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