Z. Ting & H. Mohammed v. Fearsome White-Water Rafting Ltd. Zhao Ting and Henry Mohammed set out for a day of fun at the Fearsome White-Water Rafting attraction. They both signed a waiver stating they "release the operator and its employees from all liability however caused." Halfway through the course, their raft (piloted by one of the attraction staff) flipped over, an event considered as all part of the "extreme" factor. Both Zhao and Henry were wearing life jackets. Henry was thrown to one side from the raft and broke his hip in collision with a submerged rock. Zhao was initially unhurt, and both men were carried on the current to the lagoon at the end of the course. A Fearsome boat was waiting for them, and its crew used a hooked pole to snare the loops of their lifejackets. In thrusting forward with the pole, the crewman seriously sliced Zhao's hand. Henry spent three months in a cast before he could work again, and Zhao missed six weeks of work.

ADDITIONAL FACTS

- Henry and Zhao were given life jackets that were not the correct sizes/weight class.

- The pilot of the raft was inexperienced and received "inadequate" training. It was his second time piloting a raft on his own.

- The waiver was unclear about the risk involved and had very little detail. It only included the statement "I release the operator and its employees from all liability however caused" before asking for a signature.

- Water levels were high due to a recent rainfall which made the rapids much more dangerous.

- Henry is only expected to regain 80% of his normal range of motion in his hip due to the severity of the injury.

- Zhao suffered severed nerves in one of his hands as a result of his injury.

- Fearsome White-Water Rafting was behind schedule and made all participants sign the waivers and be fitted for life jackets as quickly as possible.

TASK

You will use the case and additional facts above as a guide to support you in bringing your claim forward against the defendant (Fearsome Whitewater Rafting Ltd). In this assignment, you are taking the position of Z. Ting and H. Mohammed. Each of the following parts must be a separate section in your assignment.

Part A. You will list in bullet point format 5 facts/details that you believe would enhance your position as the plaintiff (Z. Ting, H. Mohammed) and explain why you believe they support your writ of summons against the defendant. 1 mark for a fact, 1 mark for an explanation.

Part B. You are to prepare a writ of summons and identify the alleged injury/injuries suffered by the plaintiffs or damages you believe only the defendant (Fearsome Whitewater Rafting Ltd.) is responsible for. As a reminder, you are not required to place all blame on the defendant, but be cautious of making statements/adding facts that support the position of the defendant. You only need to prove your argument to the extent that it would cover the damages you seek to recoup.

writ of summons, you will include your arguments in support of Zhao and Henry's claims, one after the other.