A royal wedding was scheduled to take place! Gwendolyn was anxious to view this historic event...

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A royal wedding was scheduled to take place! Gwendolyn was anxious to view this historic event and therefore, agreed to rent a room overlooking the route to be travelled by the newly married couple from Sam Slimy. Sam was thrilled to take advantage of the proximity of the room to the royal celebration by doubling the usual room rental fee. Gwendolyn paid a deposit to Sam, with the balance due on the day of the event. There was no cancellation clause included in the contract. Two days before the wedding, the royal bride and groom had a huge disagreement over the type of wedding cake to be served, and they decided to call off the wedding! A disappointed Gwendolyn approached Sam Slimy to get back her deposit. Sam refused and sued Gwendolyn for the balance of the rent owing. Gwendolyn counterclaimed for the return of her deposit. a. What argument(s) can Gwendolyn make in her counterclaim to support her position that she should be entitled to her deposit. Explain your answer applying and naming the appropriate legal principle. (3 marks) b. Identify the full name of a precedent case which supports your position. Briefly justify your choice. (1 mark) Carolyn and her wife Megan decide to take a once in a lifetime trip to the Galapagos Islands. The focus of the trip is scuba diving and bird watching. Carolyn is responsible for organizing the trip and she and Megan are really excited about scuba diving. She calls a well-known company Galapagos Travel Company to make arrangements. Galapagos Travel offers food, lodging, birdwatching, and guided scuba diving. The price for the trip is $10,000. After speaking with Galapagos Travel, Carolyn receives an email with the contract for the trip. She and Megan sign the contract and pay the up front deposit. Galapagos Travel is not responsible for transportation to the Galapagos Island and Carolyn and Megan are told to meet the company representative on the island after securing their own transportation. When they arrive on the island and meet the representative for Galapagos Island, they are given a "Standard Release and Waiver of Liability" form that they are asked to sign. The form says that Galagpagos Travel Company is not responsible for any losses or damages suffered by the participants for any reason, including negligence on the part of the company. The form is 5 pages long and the negligence release is printed in small font on the 3 rd page. Guests, including Carolyn and Megan are told that if they do not sign the form they will be permitted to do all of the activities except scuba diving. Carolyn and Megan are reluctant to sign but the whole reason they came on the trip was to scuba dive and they decide to sign the form. It is clear to the representative of Galapagos Travel that none of the guests actually read the 5 page document. During the course of the trip, Carolyn is injured while scuba diving due to the negligence of the boat driver who is employed by Galapagos Travel. Carolyn would like to sue Galapagos Travel but knows they will try to rely on the Standard Releave and Waiver of Liability. What advice would you give Carolyn? Explain your answer with reference to the facts and legal principles. Be sure to address both the strengths and weaknesses in your advice. (5 marks) A royal wedding was scheduled to take place! Gwendolyn was anxious to view this historic event and therefore, agreed to rent a room overlooking the route to be travelled by the newly married couple from Sam Slimy. Sam was thrilled to take advantage of the proximity of the room to the royal celebration by doubling the usual room rental fee. Gwendolyn paid a deposit to Sam, with the balance due on the day of the event. There was no cancellation clause included in the contract. Two days before the wedding, the royal bride and groom had a huge disagreement over the type of wedding cake to be served, and they decided to call off the wedding! A disappointed Gwendolyn approached Sam Slimy to get back her deposit. Sam refused and sued Gwendolyn for the balance of the rent owing. Gwendolyn counterclaimed for the return of her deposit. a. What argument(s) can Gwendolyn make in her counterclaim to support her position that she should be entitled to her deposit. Explain your answer applying and naming the appropriate legal principle. (3 marks) b. Identify the full name of a precedent case which supports your position. Briefly justify your choice. (1 mark) Carolyn and her wife Megan decide to take a once in a lifetime trip to the Galapagos Islands. The focus of the trip is scuba diving and bird watching. Carolyn is responsible for organizing the trip and she and Megan are really excited about scuba diving. She calls a well-known company Galapagos Travel Company to make arrangements. Galapagos Travel offers food, lodging, birdwatching, and guided scuba diving. The price for the trip is $10,000. After speaking with Galapagos Travel, Carolyn receives an email with the contract for the trip. She and Megan sign the contract and pay the up front deposit. Galapagos Travel is not responsible for transportation to the Galapagos Island and Carolyn and Megan are told to meet the company representative on the island after securing their own transportation. When they arrive on the island and meet the representative for Galapagos Island, they are given a "Standard Release and Waiver of Liability" form that they are asked to sign. The form says that Galagpagos Travel Company is not responsible for any losses or damages suffered by the participants for any reason, including negligence on the part of the company. The form is 5 pages long and the negligence release is printed in small font on the 3 rd page. Guests, including Carolyn and Megan are told that if they do not sign the form they will be permitted to do all of the activities except scuba diving. Carolyn and Megan are reluctant to sign but the whole reason they came on the trip was to scuba dive and they decide to sign the form. It is clear to the representative of Galapagos Travel that none of the guests actually read the 5 page document. During the course of the trip, Carolyn is injured while scuba diving due to the negligence of the boat driver who is employed by Galapagos Travel. Carolyn would like to sue Galapagos Travel but knows they will try to rely on the Standard Releave and Waiver of Liability. What advice would you give Carolyn? Explain your answer with reference to the facts and legal principles. Be sure to address both the strengths and weaknesses in your advice. (5 marks)

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a Gwendolyn can argue that she should be entitled to the return of her deposit based on the legal pr... View the full answer