Property

Bill went to Humber College and had been trying to go on a date with Hillary for an entire semester. One day after Business law class Hilary finally agreed to go out for dinner with Bill. Bill was extremely excited and decided to take Hilary to a fancy restaurant. Bill sent his best clothes to be dry cleaned and took his car to be detailed prior to his date.

While his mechanic was detailing Bills car he noticed that there was a crack on Bills brake pedal. He pointed it out to Bill and told him that the brake pedal should be fine as long as he does not push too hard on it. The mechanic said that he should get the pedal replaced within the next couple of weeks. Bill did not replace the pedal immediately because he did not have enough money for the repair and his fancy date.

The next week Bill picked up Hilary for their date. He went to the restaurant and when he pulled up the restaurant had valet parking. Bill decided to valet park his car. He gave his keys to the person parking his car and helped Hilary out of the car. The valet was driving the car to the parking garage when a moose appeared out of nowhere. The valet slammed on the breaks to try and stop the car but the brake pedal broke off and the car slammed into the moose. The moose fell on top of the car and crushed it. Luckily no one was hurt, including the moose. However, the car was totaled.

Bill sued the valet parking company stating that they destroyed his car while it was in their possession. The valet company maintains that Bill did not properly disclose the condition of the brake pedal when he wanted his car parked. Plaintiffs will argue Bills position.

Question: Defendants to argue the position of the valet company?