Business Law: Negligence and Liability Waiver in Hoof Hearted Adventures Case

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

1BUSINESS LAW
Following are the issue that has been identified in this case:
1. The legal principles involved in this case.
2. The essential elements of negligence in the case.
3. Defenses that Hoof Hearted Adventures has.
4. Kinds of damages that Brandon could claim.
5. Five important evidence and their relevance.
Issue 1. The principle of negligence has been applied in this case.
Issue 2. Negligence is referred to the act or omission to do something which a reasonable
man would do or not do in such situation (Cornford, 2016). To prove negligence the four
elements must be present namely, duty of care, breach of duty, causation and harm suffered.
To avoid such an act, a person must exercise the standard of care that is expected from a
reasonable, prudent and ordinary man in the same situation.
Issue 3. In this case Hoof Hearted Adventures may claim a defense for their breach of duty,
as they had signed a liability waiver by Brandon. The duty of care can be waived by signing a
liability waiver from the injury. In the case of Loychuk v Cougar Mountain Adventures
Limited, the Court decided that a proper liability waiver is the one which is understood and
signed by a participant in every senses and it can protect an organisation from the liability of
injury caused by the negligence of its employees (Liability Waiver Upheld by B.C. Court Of
Appeal, 2018). However, such liability waiver cannot be enforceable in every case to avoid
the liability arising out of a negligence that causes or would cause harm (Canliiconnects.org,
2014). In the case of Niedermeyer v. Chartlon, 2014 BCCA 165, the Court held that a liability
waiver drafted for the purpose to release the liability of the service provider for an injury
sustained in the transit shall be contrary to public policy and not enforceable.