Question
Z. Ting & Mohammed v. Fearsome White-Water Rafting Ltd. Zhao Ting and Henry Mohammed set out for a day of fun at the Fearsome White-Water
Z. Ting & 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 lifejackets. 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.
TASK
Each of the following parts must be a separate section in your assignment.
- Part A. List any applicable torts you believe apply to the case details above (see chapters 4 and 5 for guidance). Torts may be listed in bullet point with a 1-3 sentence explanation on their relevance.
- Part B. List ten (10) additional facts that you believe would support the plaintiff in filing a claim and explain their relevance/why you added this fact. You can enhance/twist facts listed in the original summary, but you cannot remove any facts.
- Part C. List ten (10) additional facts that you believe would support the defendant in objecting to the plaintiff's claim and explain their relevance/why you added the fact. You can enhance/twist facts listed in the original summary, but you cannot remove any facts, nor can you remove/contradict any facts listed in Part B.
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