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Rachel was a raft guide for a company called Rad Rapids. She regularly led trips on the Clearwater River, a whitewater river near Kamloops. In

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Rachel was a raft guide for a company called Rad Rapids. She regularly led trips on the Clearwater River, a whitewater river near Kamloops. In late July, Rachel guided a trip of 6 people down the Clearwater. She navigated most of the river successfully, instructing her clients to paddle occasionally, but on the final rapid her raft capsized and her clients ended up in the water. Rachel managed to get her raft upright and collected all but one client back into the raft. After frantically searching for a few minutes, she couldn't find the sixth client, Jamie, and it was clear that the remaining clients were cold and needed to get them to safety. She paddled the raft to shore where she radioed for help from another guide. The other guide did a sweep of the river shore and found the sixth client, cold and shivering with a broken arm. Following the incident, Jamie wished to pursue a claim against Rachel 1. What is the legal issue (2 marks); 2. What is the legal test (1 mark); 3. Create an argument for the plaintiff (1 marks); Create an argument for the defendant (1 mark) 4

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