In need of a break from his hectic work schedule, Adam signed up for a weekend of trail riding at City Slicker Ranch. He signed a very comprehensive waiver on line and before he had arrived at the ranch. Adam had ridden a horse before at his uncle's farm as a child but did not have a great deal of experience. When he arrived at City Slicker Ranch he was introduced to Jan who would be the trail guide for his weekend rides. Jan asked each of the riders in her group about their experience and Adam replied that he had ridden before. During the first ride, Jan spent time getting to know the group and rode alongside Adam for about a half an hour. She noticed that he seemed quite comfortable on the horse although he had a tendency to hold the reins too far back, which would make it difficult to control the horse if it were startled. Jan was very stern with Adam, warning him to hold the reins correctly. Adam responded by saying that he would try to correct his style. The following day Jan again reminded Adam again that he was still holding the reins too far back. Shortly thereafter Adam's horse stopped suddenly, after getting scared by the ranch's barking dog. Adam's horse refused to cross a stream. As a result, Adam was pitched forward. At that moment, Jan shouted to him to release the reins but Adam continued to hang on to them. As a result, the horse stepped on Adam when he had hit the ground, and hence Adam was injured with a broken leg. Adam instituted legal proceedings against City Slicker Ranch and Jan. Adam suffered $4,000 lost wages due to his injury.

When answering the following questions, be specific and use all the relevant laws and principles to fully explain your answers.

A. What is the nature of Adam's legal action against the Ranch and Jan?

B. Explain if Adam will be successful in his claim against the Ranch and or Jan. Defend your answer. Present arguments for both sides.

C. Render a decision.

D. Explain the remedy should you decide Adam will be successful