Peter, was a guest at the Vacation Resort. On one particularly hot day, Peter, rented from the resort, a 17 ft. Malibu boat with an outboard motor, so he and his friend, Fred, could go fishing and enjoy some water sports.Peter signed a waiver before paying the rental fee and was asked if he knew how to operate the boat. Peter strongly stated he knew how to operate the boat and showed the resort employee his boat operator's licence.He also arranged, though for a long time employee named Ken to operate the boat, so that him and his friend could enjoy fishing and water skiing without having to concern themselves with driving the boat. While traveling at a speed between 40 and 50 km per hour, the boat collided suddenly with a very large, submerged log, known as a "deadhead".The impact caused Ken, who was driving at the time, to lose control of the boat.The momentum caused Ken to pitch forward, lose his grip on the outboard motor throttle handle. The boat then veered out of control for a few seconds, swinging around to its left in a tight arc.Peter, who has been sitting in a chair towards the center of the boat and facing the stern, was thrown violently sideways and suffered a shoulder injury, concussion, and broken collar bone.He required surgery and this caused him to miss eight months of work.Note that even though there were two safety features built into the outboard engine, Ken was not using either one at the time of the accident. The engine had a "kill switch lanyard" designed to be hooked to the clothing of the boat operator.When Ken pitched forward, he traveled far enough that had the lanyard been attached to him, it would have pulled the kill switch on the engine and stopped the motor immediately.The boat would not have veered out of control in this case. The engine was also fitted with a "throttle screw" which, when left loose would allow the engine to decelerate rapidly as soon as the operator's hand was removed from the throttle handle.Ken was driving with his throttle screw tightened up, which prevented a deceleration when his hand left the throttle.Had the engine decelerated properly, the period during which the boat was out of control would have been much shorter. The resort noted that fishing guides in the area do not usually attach the kill switch lanyard or loosen the throttle screw as doing so is an inconvenience during driving. Peter wished to pursue legal action against the resort and Ken.

A.What is the nature of Peter's legal action against the resort and Ken?

B.Will Peter likely be successful in his claim against Ken and/or against the Vacation Resort?Defend your answer. Present arguments for both sides.

C.Render a decision.

D.Explain the remedy should you decide Peter will be successful