Tom Lane has problems. He bought a plastic child's bicycle seat made by Bikes that attached to the back of his bicycle just above the rear wheel so his young son could ride with him. A Bikes label on the side of the seat stated: "Only use with children up to 20 Kgs."One day Tom put his son, Jack, (who weighted 22 kg.) in this Bikes seat and went for a ride. Tom rode down the street with Jack at a very fast speed. Tom hit a huge pothole on the city street that had not been repaired for 2 weeks and he lost control and his bicycle swerved to the left. Ed Ng was driving his car just behind Tom. Ed had just left a sports bar, Sportz Zone, where Ed drank 7 beers. Ed didn't react quickly when Tom suddenly swerved left around the pothole, so Ed hit Tom's bicycle. The Bikes child seat flew off the bicycle, the buckle on the seat released and Jack was sent through the air and landed on his head. Jack has a major permanent brain injury and Tom also suffered a major back injury. Tom says he plans to sue everyone he can for the injuries he and Jack suffered. All parties called their lawyers. Discuss all legal issues that apply to this case.

1. Identify the area of law that applies to this fact situation (1 mark)

1. Identify the legal tests that apply to case (4 marks)

1. Apply the law to this fact situation (4 marks)

1. Do the defenses of voluntary assumption of risk or contributory negligence apply here?Why or why not(2 marks)

1. Identify the damages the plaintiff(s) sue for? (1 mark)