********This is a case analysis discussion, Please make a relevant comment about it.*******

Case Study Analysis Template (for use in class discussions)

Classification of Law: Private law (Tort law)

Parties: Plaintiff: Klutz

Defendant: Radio station

Type of Court: Provincial Trial Court

Case Facts:

Klutz

He is the plaintiff in this case.

His won a contest organized by a radio station entitling him to play in a twilight golf tournament.

He signed a form releasing the radio station from any liability connected with the tournament.

When the tournament was about to start, he hurriedly headed for his car to get his club and golf shoes. He was injured in the process and suffered banged knees and a badly bruised elbow

Consequently, his level of participation in household and leisure activities dropped.

Radio Statio They are the defendants.

They are the organizers of the tournament.

Case / Issue (sue for): Negligence due to breach of duty of care

Judgment / Decision: Radio Station may not be liable

Reasons

The plaintiff brought an action against the defendants for negligence due to breach of duty of care.

As the organizers of the tournament, the defendants owed Klutz a duty of care by providing a safe environment for the tournament to hold. This duty was breached when Klutz had an accident when the tournament was about to start which made him suffered several damages and consequent reduction in his level of activities.

They may not however be totally liable because Klutz have signed a form discharging them from any liability regarding the tournament.

Klutz drove his car in a hurry to get his club and his own shoes. He may not be wary of the terrain and may have contributed to the accident and the damages he suffered

Remedies: The plaintiff may not be liable.