Question: CASE STUDY ( This is a hypothetical case ) A famous ski resort held a competition which involved twoperson teams sliding down a specially created
CASE STUDYThis is a hypothetical caseA famous ski resort held a competition which involved twoperson teams sliding down a specially created bumpy portion of a steep hill in oversized inner tubes. The competition involved going down a steep portion of the ski hill containing many bumps, which caused the inner tubes and participants to be bounced around like rag dolls.Mr X entered the competition, signed the entry and waiver form without reading it and paid the entry fee. Mr X entered the competition by signing, but not reading, an entry form that contained a waiver absolving the resort of responsibility.On the morning of the race Mr X and his friend drank large quantities of their own alcoholic beverages. They also bought alcoholic drinks from the bar at the resort. Mr X and his friend were the winners of their first heat. During the race the two were thrown from their tube and Mr X suffered a cut above his eye.Between the first and second heats Mr X drank two large swallows of brandy offered to him by the driver of a Molson beer van and was sold two more drinks at the bar of the resort. The owner of resort, saw Mr X between the first and second heats. Noting his condition, the owner asked him whether he was in any condition to compete in another heat. Mr X responded that he was. The owner did nothing more to dissuade him. At the top of the hill Mr X fell and his inner tube slid down the hill. The competition organizers provided them with a new inner tube. Mr X was visibly drunk and the manager of the resort, suggested that it would be a good idea if he did not continue in the competition. But Mr X insisted on competing and the manager took no further steps to restrain him.Mr X and his friend hit a bump on the way down the hill. They were thrown out of their inner tube. Mr X injured his neck in the fall and was rendered a quadriplegic. Earlier that afternoon another competitor had been hospitalized for neck injuries sustained during another heat of the race.Mr X sued the resort to compensate him for his serious injuries.Please analyse the case carefully and use the IRAC Approach to present the facts given in the case study. A few examples have been provided below: IDENTIFY ISSUESeg the resort ignored that Mr X was drunk and allowed him to participate in the event. RULEDetermine the relevant law or legal principle that applies to the issue. eg Law of Torts APPLICATIONApply the law or legal principle to the facts of the scenario.Which previously decided cases can be used as an argument hereIn Bow Valley, supra, the Supreme Court of Canada adopted the test for contributory negligence that was set out by Denning LJ in Jones v Livox Quarries, QBEng CA CONCLUSIONDraw a conclusion based on your analysis and application of the law. Give references eg Burton, Kelley. Think Like a Lawyer Using a Legal Reasoning Grid and CriterionReferenced Assessment Rubric on IRAC Issue Rule, Application, Conclusion Journal of Learning Design. jldvi
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