THIS IS A CASE STUDY WHICH I HVE TO SUBMIT BEFORE 12.50 PM AND THIS IS ALL WHICH IHAVE GOT EITHER HELP ME OR REFUND ME MY MONEY

Crocker v. Sundance Northwest Resorts, [1988] 1. S.C.R. 1186

https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/349/index.do?site_preference=normal

BACKGROUND

As a promotion for its ski resort, Sundance Northwest Resorts hosted a competition in which a two-person team raced down a steep hill in an inner tube. The prize was $200. Mr. Crocker paid the $15 entrance fee and signed the entry form, without reading it. Consequently, he did not know the form contained a waiver clause.

Crocker was visibly drunk at the beginning of the first race. At the start of the second race, the owner of Sundance asked Crocker if he was in any condition to compete but did nothing to stop him. The resort manager also suggested that he not continue but took no further steps to restrict him when he insisted on competing. During the second race, Crocker suffered a serious neck injury and was rendered quadriplegic.

Crocker sued the ski resort for negligence. At trial, he was successful in his suit, but the Court applied the defence of contributory negligence. Crocker was awarded 75 percent of his damages. He appealed. The Ontario Court of Appeal overturned the trial judge's decision and found that the resort was not liable at all. Crocker appealed this decision to the Supreme Court of Canada.

LEGAL QUESTION

Did Sundance owe a duty of care to Mr. Crocker? If a duty existed, what standard of care was required and was the standard met?

ANALYSIS

1.What did Mr. Crocker have to show, to prove that the resort was negligent?

2.What are three possible defense's Sundance could argue in this case?

3.Why do you think Crocker appealed the trial judge's decision? How did the trial judge's decision differ from that of the Supreme Court of Canada?

4. If Crocker's intoxication had not been evident, would Sundance Resorts still have been liable for his injuries? Explain.