FACTS

Donald is the owner of Prius Taxi Service ("PTS"), a small taxi company operating in the town of Canmore.He employs several drivers, including Katya.Katya had four years of experience driving a taxi when Donald hired her, so he did not feel the need to provide any training or instructions to Katya on how to do her job.She has been driving for PTS for a year.

Tessa is a frequent customer of PTS.She has no license, and is often intoxicated.Katya has driven her on many occasions.Sometimes Tessa asks Katya to run errands for her when she feels "too wobbly" to get out of the car and pick up milk or cigarettes herself.Katya has done so, with no problems.

In August, Katya picked up Tessa at her home.As they were driving to their destination, Tessa saw a fruit stand and asked Katya to pull over so that she could get some fruit.Katya obliged.Tessa asked Katya if Katya would buy the fruit for her for the usual reason, "wobbliness".Katya could see that Tessa was drunk, and she agreed.She got out of the car, leaving the keys in the ignition and got into line at the fruit stand.

A few minutes later, she heard the engine revving and Tessa drove into the line injuring several people ("the Customers"), including Katya.Tessa said she had become confused and tried to drive away. The Customers sued Tessa, Katya, PTS and Donald.Katya also sued Tessa.

Answer the following questions, and explain your answer in each case> Make sure you discuss not just the legal principles involved but tie them in to the specific facts.

1.Does Katya owe the Customers a duty of care? (3marks)

2.Has Katya breached the standard of care? (4 marks)

3.Did the Customers suffer damage? If so, what type of damages might they be likely to claim given the probable injuries. (3 marks)

4.Assumie the answer to #2 is affirmative. In legal terms, would the damage have been caused by the actions of Katya? (2 marks)

5.Is PTS liable to the Customers? (3 marks)

6.Are there any defenses available to Tessa in regard to the lawsuit against her by Katya? (2 marks)

FACTS

Linda and her friends went on a weekend retreat to a bed and breakfast located on a ranch owned by Mr. and Mrs. Murtagh. They were offered the opportunity to go on a trail ride on the second day. Mr. Murtagh asked if Linda had any prior riding experience and she told him that she had ridden a horse when she was younger and fallen off.However, she still wanted to go on the trail ride.

Prior to embarking on the ride, Linda was given a waiver to sign which said:

"I, Linda, release Mr. and Mrs. Murtagh and any of their employees from any claims, demands, damages, actions or causes of actions arising out of or in consequence of any loss, injury or damage to any person or property incurred while horseback riding.

I further state that I am in proper physical condition to participate in horseback riding and am aware that such participation could, in some circumstances, result in physical injury

Linda signed the waiver.She was offered a riding helmet for her safety, but declined to wear one. She did not 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 trail ride.Apart from Linda and her two friends, there were a mother and teenage son on the ride.Before beginning the ride, Mr. Murtagh demonstrated how to use reins to control the horse.Although he directed the instructions to the teenager, the demonstration was visible to all the riders.Before beginning 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 had 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 dug her stirrup into Clover, which caused Clover to move even further.Linda screamed, lost her balance, fell, and broke her arm..

She sued the Murtaghs as the owners of the business.At trial, Patrica testified that Clover had been thoroughly trained as a trail horse, and that there had been no issues in the past.

Answer the following questions, and explain your answer in each case:

1.Do the Murtaghs owe Linda a duty of care? (3 marks)

2.Did they breach the standard of care? (4 marks)

3.Did Linda suffer damage? ? If so, what type of damages might she try to claim, given the nature of her injuries. (3 marks)

4.Assume the answer to #2 is in the affirmative, In legal terms, would the damage have been caused by the actions of the Murtaghs? (3 marks)

5.Assuming that the answer to #4 is affirmative, are there any defenses available to the Murtaghs? (2 marks)

Please answer this in a word document and answer it thorough, detailed and readable. Any links or references used please provide a different blank sheet of the references.