Case -Study 1 m are friends and co-workers at an office in downtown Sudbury, where they both earn $1,000 per week as business consultants . Zhao and Henry set out for a clay of fun at "Fearsome," a white-water rafting attraction. They both signed a waiver stating they "release the operator and its employees from all liability however caused." Halfway through the course, their raft (piloted by one of the attraction staff, Gary) flipped over, an event considered as all part of the "extreme" factor. Both Zhao and Henry were wearing life-jackets. Henry was thrown to one side from the raft and broke his hip in collision with a submerged rock . Zhao was initially unhurt , and both men were carried on the current to the lagoon at the end of the course. A Fearsome boat was waiting for them , and its crew used a hooked pole to snare the loops of their lifejackets. In negligently thrusting forward with the pole, a crewman, Amanda, seriously sliced Zhao's hand. Henry spent twelve weeks in a cast before he could work again and Zhao missed six weeks of work . In addition , as a result of the incident , Henry has been diagnosed with chronic hip pain . 1. The incident was truly an accident and no one has any control over an accident. However, the negligent handling of trusting the hooked pole that resulted in Zhao's hand being sliced by the crewman , Amanda can be legally dealt with . Zhao was initially unhurt but because of this negligence , Zhao faced injury and loss of employment income . Zhao can legally sue the crewman and may take legal action for mishandling. 2. Negligence Tort Liability is present in this scenario, tort liability is a legal term that describes a violation where one person causes damage or injury to another. As most of the tort elements happen due to accidents ,negligence ,or nuisance . In this case , the personal injury has been related to the negligence of the crewman, and due to the negligence of Gary, who is controlling the raft. There has been a breach of duty and there is a proximate cause. I think Zhao and Henry, can succeed in establishing the element of negligence because they can successfully defend all the major elements of negligence tort liability. 3. If Henry and Zhao were successful in establishing their liabilities they could receive monetary compensation for the costs ofthe treatment, medical and hospital expenses. They can also be compensated for their loss of wages as they have missed six weeks (Zhao) and 12 weekslHenry) of work due to this incident 4. Yes. The defendants may partially avoid the liability by establishing some valid defence. For example, Amanda may put forward the fact that the mishandling is not intentional. The situation has been very bad and the crewman has to support and lift the two men from the