Factual Analysis Format Case Name: (1 mark) In the format of [Plaintiff v. Defendant] (note it is not "vs") Issue: (2 marks) Can (Plaintiff sue [Defendant) in [broad are of law), specifically [legal issue) and get (remedy]? Reasoning: (10 marks) Here you will set out the law and apply the law to the facts. This should be in sentence format. Discuss the law, set out the required elements (ie the four elements of negligence), apply the law to the facts, set out any defenses and whether you think the plaintiff would be successful in their claim. Reasoning is worth 10 marks. Make sure you include enough analysis here to merit 10 marks. You need to show me that you understand the law and how it applies to the facts of the case. Risk Reduction: (2 marks) Set out two ways to avoid the situation from happening again. This can be from either party's perspective. Use the template we discussed in class to prepare your factual analysis of the case. Case Name: Pl v Def. Issue: Area of law and remedy sought. Reasoning: discuss what the plaintiff has to argue and any possible defences. State what you think may be the outcome. Risk Reduction: one suggestion for each of the plaintiff and defendant. Question 1 (15 points) Saved Listen The facts of this case are as follows: Cascade River Holidays Ltd. ran a white water raft excursion on the Fraser River. Delaney, a veterinarian from Ontario, assembled with his friends at a parking lot on an overcalt and rainy day, and they met with Cascade's reservations manager (Morrison) and raftsman (Reambeault). As the van was being loaded with gear and passengers, Morrison got Delaney and the other passengers to sign a form that said that Cascade River was not responsible for "any loss or damage suffered by any person" during the trip for any reason "including negligence on the part of the company." It was accepted as evidence that all the parties were literate and appeared to have read the document. The parties were told they would not be able to go on the trip unless they signed the form. Before boarding the raft each passenger was given a 21-pound buoyancy life jacket. (Expert evidence disclosed that these jackets were too small to provide adequate protection for white water rafting and that most other rafting companies were using 30-pound buoyancy.) On the second day of the trip, the raft Delaney was on overturned; he and two other passengers drowned but five others on the same raft survived.. Delaney's estate sued Cascade River Holidays, Morrison, and Reambeault