FACTS

Dolly, a successful hand model, decided to fulfill one of her lifelong dreams by entering a hot air balloon race, organized and promoted by the company "FOMO Incorporated"

(FOMO). She has always wanted to pursue this but was afraid to because it felt too risky.

Dolly had never been in a hot air balloon on her own before, but had taken one lesson with an instructor the previous week and was assured by FOMO that as a beginner she was eligible to have an instructor sit in her balloon during the race to help in the case of an emergency.

On the morning of the race, Dolly was running late and by the time she arrived the grouping area was predominantly empty. There were no employees immediately visible to help direct participants or spectators. Dolly had printed the required waiver at home, but hadn't yet had time to read or sign it. As she was worried about missing the start time, she signed the waiver (without reading it) while running through the gates. In her rush, she missed seeing the employee standing near a sign that stated "due to weather conditions, the beginner's race has been cancelled." Another FOMO employee was supposed to warn any participants or spectators of the change; however, the designated employee didn't see Dolly approach as he was distracted by his smartphone. Consequently he failed to warn her of the race change.

Dolly saw a fleet of balloons starting to take off, and hopped into an empty waiting balloon with an instructor nearby. She was surprised when the instructor untied her rope and said "good luck", while pushing her off. As the balloon began to lift off, Dolly panicked and tried to jump over the side of the basket, which resulted in the structure tipping over and the material catching on fire.

As a result of this incident, Dolly suffered a broken leg and two broken arms. She was in hospital for 2 weeks and lost $40,000 due to a lost modelling assignment. After going home, she had to hire a housekeeper and a home care worker which cost an additional $10,000. She is fully recovered now, but still has nightmares about the incident and thinks she can never fulfill her lifelong dream of hot air balloon racing. Accordingly, she wants to be compensated $100,000 for pain and suffering and for failing to realize her dreams.

1. Who is the Plaintiff and who is the Defendant?
2. What is the name of the pleading document (as discussed in class) that Dolly needs to file to initiate her action?
3. Based on the information given, in what Court will Dolly file her claim and why? If this case were to be appealed, to which court would it be appealed?
4. Identify a realistic alternative method for successfully resolving this dispute. Explain your choice.
5. What is the legal test, the court will use to decide whether or not a 'duty of care' is owed in tort law? Using this test and the facts, fully explain whether FOMO owes Dolly a duty of care?
6. What is the appropriate test for identifying whether or not the defendant breached their required standard of care? Please be sure to clearly state the appropriate standard(s).
7. Based on the stated facts, identify 3 ways in which Dolly can allege that FOMO breached its standard of care?
8. Were Dolly's injuries caused by FOMO? Articulate the correct legal test you would use, and explain your answer.
9. Are Dolly's damages too remote?
10. What is the legal principle by which FOMO can be held liable for their employee's inattentiveness?
11. Explain the difference between special and general damages. Please use examples from the facts in your explanation, including amounts.
12. What two defences are available to FOMO? Based on the facts, do you believe FOMO can successfully apply either these defences? Please explain your answer fully by discussing both possible defences.