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A group of friends went ziplining in Whistler. Before undertaking the activity, Whistler Adventures (the company providing the activity) asks all parties to sign a

A group of friends went ziplining in Whistler. Before undertaking the activity, Whistler Adventures (the company providing the activity) asks all parties to sign a waiver, which they do. Deb does not make it to the other end of one of the ziplines, but the guide does not see her and sends Tom down the zipline meaning that Tom collides with Deb. Tom breaks his ankle and Deb cracks a rib.

Answer ONE of the following in a post this week:

A.Duty of Care owed?

B.Breach of Standard of Care?

C.Causation?

D.Damage?

E.Defences available?

State whether you think the answer is yes or no, state the test the courts use to determine this (n/a for defences) and explain why you came to the conclusion.

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