Question
Glen and Don recently entered into a contract to purchase a golf course from the 19th Tee Ltd. (19th).The course has been neglected over the
Glen and Don recently entered into a contract to purchase a golf course from the 19th Tee Ltd. ("19th").The course has been neglected over the years and it needs maintenance and upgrading.Glen and Don negotiate a good price and sign a contract with the 19th. On the day of closing, after paying the full purchase price, Glen, Don and management of the 19ththrow a party to celebrate. Everyone was having a great time until they watch two 17 year olds take a golf cart for a ride, hit a rut and overturn the golf cart, causing serious injury to Yousuf, a part-time caddie, and his friend, Audrey, who fell into a pond on the course.Yousuf and Audrey were stealing drinks from the bar cart during the celebration.Dr. Nutan Knox, a silent investor with Glen and Don, rushes over to help.She suspects Audrey has a neck injury and moves her to make her more comfortable.Yousuf, who has a fear of water, is dragged from the pond, shaking uncontrollably.
In three fulsome paragraphs, identify the possible tort claims from Yousuf and Audrey, including the likely parties, and discuss the possible claims, awards and defences.What additional facts might you need?What are some management strategies for prevention and mitigation of these torts?
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