Factual analysis of the assigned case (Canada). Template = Case Name: Pl v Def. Issue: Area of

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Factual analysis of the assigned case (Canada). Template = Case Name: Pl v Def. Issue: Area of law and remedy sought. Reasoning: discuss what the plaintiff must argue and any possible defences. State what you think may be the outcome. Risk Reduction: one suggestion for each of the parties.

Scenario: On August 10th, Thomas Chan was seated in the first row of the bleachers on the third base side watching his son play on field D in the Riverside Ball Park. His back was, therefore, to the game being played on field C when he was struck in the back of his neck by the foul ball. He suffered a mild concussion and pain down his back and across his shoulders. He was off work for three weeks. The City of Victoria owns the Riverside Ball Park. They constructed the baseball diamonds located in the park and are responsible for the maintenance. The Park has several playing fields including two baseball diamonds known as fields "C" and "D". The two diamonds are back-to-back, which is a common design layout that permits the efficient use of space and shared services, like washroom facilities. The first base line of field C runs parallel to the third base line of field D. The two fields are separated by a large grassy median with picnic tables. The distance between the backstop at field C and the backstop at field D is 78.7 feet. The distance between the foul lines of the two fields is 172.45 feet. Both fields have backstops with protective fencing that extends from home plate to roughly the end of the baselines. Despite this, the ball struck him.

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