Crocker v$.$ Sundance Northwest Resorts Ltd$.,1988($SCC$)(58$ marks$)$

Facts: Mr$.$ Crocker, age $29,$ went for a skiing holiday at the Sundance Resort. While at the resort, he entered a tubing competition hosted by the resort, paying a $$15$ entrance fee. When he signed up$,$ he signed a waiver saying that he gave up his right to sue if he was hurt while participating in the competition. His first run went fine, but there was a delay before he could do his second run, so he decided to go to the resort's bar. He consumed several drinks and, when it came time for his second run, he was visibly intoxicated. The manager advised Crocker to withdraw from the competition due to his intoxicated state, but Crocker ignored him and insisted on participating. On his second run, Crocker crashed and was rendered a quadriplegic when he was paralyzed from the neck down, therefore suffering catastrophic personal injury.

Tasks

a$)$ Assess Sundance Northwest Resorts Ltd$.\text{'}$s liability in negligence. Address all the elements of negligence and explain. $(24$ marks$)$

b$)$ Assess both potential defences to negligence, whether each defence would apply in this case, why it would or would not apply, and the result each defence would have if successful. $(14$ marks$)$