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2. Assess the Plaintiff's claim and CHEA's defence in tort to each of the following incidents using the facts below and those in the case.

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2. Assess the Plaintiff's claim and CHEA's defence in tort to each of the following incidents using the facts below and those in the case. Roberto Rocko and his friend Suri Summit were using the climbing wall. When Rocko put his foot on one of the foothold fake rocks it broke, and he fell about 18 inches. He hit his head resulting in a concussion. Suri was unharmed. The wall's monthly inspection was only 22 days' ago, his harness was properly attached and the CHEA employee was operating the belay properly. Rocko missed 3 days of work because previous concussions suffered from playing hockey made this one more severe than if this were his rst concussion. A. Identify the parties to the lawsuit by completing the following chart. There may be more than one party for each role. 2 MARKS _I- mm B. Assess the Plaintiff(s) likelihood of success by applying the facts to complete the following chart. 8 MARKS TORT LEGAL TESTIRULE APPLICABLE TESTICRITERIA ELEMENT FACT(S) MET? YES OR NO? DUTY OF Plaintiff was a client CARE BREACH OF Check if rocks were STANDARD solid on a regular OF CARE basis CAUSATION Previous Concussions DAMAGES Missed 3 days work C. Will the Plaintiff(s)' claim be successful? YeslNo 3 marks

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