Mr. McCaw is visiting Whistler for the first time. He has never skied before and hires some skis from Vail Resorts Inc. (the operator of Whistler Blackcomb). The assistant is new and untrained. He fails to get Mr. McCaw to sign the normal liability waiver and sets Mr. McCaw's ski bindings dangerously tight.

Mr. McCaw's friends suggest that, given his inexperience, he should have some lessons, but Mr. McCaw says that he is good at many sports, despite never having a lesson in his life, and expects that skiing will be no different.

He starts skiing some easy green runs and is something of a natural skier. He celebrates at lunch with a few beers. Spurred on by a combination of overconfidence and beer, he decides that he will follow his experienced friends and try some of the most difficult runs on the mountain. He ignores the signs that say "Experts only - Double Black Diamond" and follows his friends down the infamous "Spanky's Ladder."

Unfortunately, the inevitable happens and Mr. McCaw has a serious fall on the slope. Because his bindings are too tight, they do not release, and he suffers serious injuries to his shoulder and knee.

Mr. McCaw's holiday is ruined and he has to pay for expensive medical care (because he failed to get insurance).

Mr. McCaw decides to sue the mountain for compensation.

You are Vail Resorts Inc.'s lawyer. You have been asked to advise Vail on whether or not they may be liable to compensate Mr. McCaw and whether they might have any defence to his claim.

For the best marks you must:

Identify the issue;

Identify the law;

Apply the law; and

Come to an appropriate conclusion.