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Factual Analysis - Negligence Read the facts of this case and prepare a factual analysis. Use the template we discussed in class to prepare
Factual Analysis - Negligence Read the facts of this case and prepare a factual analysis. Use the template we discussed in class to prepare your factual analysis of the case below. Case Name: Pl v Def [last names only]. Issue: Area of law and remedy sought. Reasoning: discuss what the plaintiff must argue and any possible defences. State what you think may be the outcome. Risk Reduction: one suggestion for each of the parties. Scenario For some time, the Fairburn Golf Club had been concerned about the effect the hard spiked (steel) shoes of its golfers were having on newly planted greens. In May of 2002 the club did some extensive renovations and expansion, which necessitated the planting of new grass over a large part of the golf course. The golf club decided to enforce a "soft spikes only" policy for a month's time so that damage to the course would be minimal. A large sign explaining the policy was posted in a prominent place in the club house, the retail store, and at the approach to the first hole. To accommodate golfers who did not have soft spikes, the club rented out soft-spiked shoes for $5 a game. Fox, a regular customer of the club, rented a pair of the shoes and proceeded to play a round of golf with his friends on May 13, 2002. At one point of the course, between the 6th and 7th hole, golfers had to ascend a rather steep incline. On this particular day it had been raining and the ground was fairly wet. Fox slipped and fell about two-thirds of the way up the incline. He suffered severe back injuries and was off work for three weeks. His two friends, Borden and Elliott, had chosen to disregard club rules and were wearing steel spikes. They both climbed the hill just before Fox and they claimed they had perfect traction. Fox maintains that it was only the lack of traction in the soft spikes that caused him to fall down in the first place. The golf club reminds him that there are signs up all over the golf course advising, "Players Golf at Own Risk."
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