Brown is a farmer who, amongst other activities, has been in the business of raising chickens on large scale. The baby chicks require a continuous supply of a oxygen to survive and the necessary equipment for that purpose is connected to the electric power supplies to the farm. In thee past brown had suffered a minor loss of chickens from an interruption in this electric service and had, as a result, installed an auxiliary battery operated power generator in the barn to be available as an emergency back-up. He had taken further precaution of having a battery-operated power failure detector in his bedroom so that if the electrical power in the farmhouse failed, a warning signal would alert him to the potential danger of loss of electricity to his operation.
Chauncey is a driver for Gardiner transport ltd. While driving the company’s truck on a night run, Chauncey allowed the vehicle to wander onto the shoulder of the road where the upper part struck overhead wires. As a result, electric power service in the areas was interrupted for a periods of five hours. The interruption extinguished the supply of oxygen to browns’ barn and some 30,000 chickens died. Unfortunately, brown had temporarily disconnected the alarm detector in his bedroom and so on the one occasion when he needed it, it was not in operation. Brown bought an action for damages against both Chauncey and Gardiner transport ltd, to compensate him fir the loss of his chickens.
Discuss the merits of the plaintiff’s (plaintiff) case? What will be the de fences?