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Canadian business law course. The facts of this case are as follows: Cascade River Holidays Ltd. ran a white water raft excursion on the Fraser

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Canadian business law course.

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The facts of this case are as follows: Cascade River Holidays Ltd. ran a white water raft excursion on the Fraser River. Delaney, a veterinarian from Ontario, assembled with his friends at a parking lot on an overcast and rainy day, and they met with Cascade's reservations manager (Morrison) and raftsman (Reambeault). As the van was being loaded with gear and passengers, Morrison got Delaney and the other passengers to sign a form that said that Cascade River was not responsible for "any loss or damage suffered by any person" during the trip for any reason "including negligence on the part of the company." It was accepted as evidence that all the parties were literate and appeared to have read the document. The parties were told they would not be able to go on the trip unless they signed the form. Before boarding the raft each passenger was given a 21-pound buoyancy life jacket. (Expert evidence disclosed that these jackets were too small to provide adequate protection for white water rafting and that most other rafting companies were using 30-pound buoyancy.) On the second day of the trip, the raft Delaney was on overturned; he and two other passengers drowned but five others on the same raft survived.. Delaney's estate sued Cascade River Holidays, Morrison, and Reambeault. D Paragraph v B IU Case Name: Issue: Reasoning: Risk Reduction

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