Over spring break, Omar and his friends decided to go skiing at the Winterton Resort in Corner Brook, NL. They discovered that a ski race was going on that day and Omar decided to enter the race. When he went to the ski lodge to sign up for the race, he was given a form called "ENTRY FORM" and was asked by the attendant to fill in his name, birth date and address and pay the entry fee. He didn't read the bottom of the form which stated, in small print, the following: "By signing this form, you agree to release the Winterton Resort from all claims you may have in relation to injuries sustained in the course of the race." Wearing their ski boots, Omar and his friends then went to the bar and had several beers. In fact, the bartender who worked at the resort noticed Omar was drinking too heavily. Soon it was time for the race begin, and Omar staggered out of the ski lodge to the hill. While waiting in line for the chair lift, he swayed and was noticeably drunk. The employee of the resort that operated the chair lift told Omar he didn't think Omar should go skiing, but Omar ignored him and got on the chair lift anyway. At the top of the ski hill, Omar waited for his turn and then began the race. Halfway down the hill he crashed. Omar did not appear severely injured, though he had scrapes and bruises; however, several days later he became hoarse and had neck pain. His family doctor told him the collision had significantly worsened the condition of his larynx, which had previously been injured by Omar in a childhood accident. Omar decides to sue the Winterton Resort in negligence.

(a) Name (but do not apply) the four elements to be considered in determining whether the Winterton Resort has been negligent.

(b) Did the Winterton Resort owe Omar a duty of care? Name and discuss the applicable two-part test.

(c) Describe two ways in which the Winterton Resort breached its standard of care.

(d) What defence (other than the waiver Omar signed) could the Winterton Resort raise to defend itself against Omar's lawsuit?

(e) Would the Winterton Resort likely succeed in relying on the waiver Omar signed? Why or why not?

(f) If the Winterton Resort was found liable to Omar in negligence, would it likely be required to pay damages to him in respect of his injured larynx? Name and discuss the legal principle that applies to that issue.