Issue, cause of action
In the Coomby case, allegations sounding as breach of contract as well as negligence were brought against the Defendant corporation as well as negligence against the employee acting on behalf of the Defendant corporation.
A boat owned by Coomby suffered damage while boating on Lake Ontario. The boat was beached and tied to shore. Before C-Tow could attempt to tow the boat to a marina, a storm arose. Subsequently, C-Tow was able to attend to the boat and attempt to tow the boat to a marina; however, the boat sank.
The Law, application
The law of contract was reviewed and whereas certain elements of contract were deemed absent, the lack of a contractual relationship was found. Additionally, the law of negligence was reviewed and whereas it was deemed that the Plaintiff failed to demonstrate that C-Tow was the cause of damage that led to the boat sinking (rather than the storm or initial incident), or otherwise failed to reasonably perform boat recovery efforts, the allegations of negligence were similarly dismissed.