Question
Continuation Linda signed the waiver. She was offered a riding helmet for her safety,but declined to wear one . She didn't ask for any instructions.
Continuation Linda signed the waiver. She was offered a riding helmet for her safety,but declined to wear one . She didn't ask for any instructions. And mounted the horse,clover, without difficulty .clover had been a trail horse for a couple of years .Mr. Murtagh led the trial ride. Apart from Linda and her two friends. There were a mother and teenage son on the ride . Before beginning the ride .he demonstrated how to use reins to control the horse . Although he directed the instructions the ride ,he asked if anyone had any questions and if everyone was comfortable.no one asked any questions.Accompanying them on their ride was patrica an experienced horse trainer who has trained clover initially.During the ride ,while Linda was turning to talk to one of her friends,clover made a sudden sideways move .Linda was startled and dig her stirrup into clover ,which caused clover to move even further.Linda screamed,lost her balance,fell of and broke her arm She sued the mutaghd as the owner of the business,at the trial ,Patricia testified that clover had been thoroughly trained as a trial horse,and that there had been no issues in the past .Answer the following questions,1)Do the murtaghs owe Linda a duty of care2)Did they breach the standard of care ?3) Did Linda suffer damage? If so what type of damages might she try to cloak ,given the nature of her injuries ?
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