Legal Principles, Elements of Negligence, Defenses, and Damages in Brandon's Case

The article discusses the legal principles, essential elements of negligence action, defenses, and types of damages that may be claimed by Brendan in his case against Hoof Hearted Adventures. The legal principles include damage and negligence. The essential elements of negligence action include duty of care, damage, and position. The defenses available to Hoof Hearted Adventures include contributory negligence and remoteness. The types of damages that may be claimed by Brendan include medical expenses and loss of income. The significant witnesses and pieces of evidence include the waiver of liability, Brendan's friends, notice board, and the broken saddle.

Describe the legal principles that are concerned in this case?
Answer: in this case, a mistake had been made by both the parties. In view of the details of the
case, the legal principles that were present in this case include:
1. Damage: in the present case, the meaning of damage is injury. Brandon has suffered injury
when he fell from the horse. Therefore, a claim can be initiated by Brendan for the injuries
suffered by him.
2. Negligence: according to the facts of the case, it appears that the negligence was made by both
the parties. While Brandon had ignored the level of liability and failed to read the waiver
statement, the employee was too busy and therefore he failed to check Brandon's equipment by
mistake.
Discuss the essential elements of negligence action regarding Brandon's case
In the present case, Brandon suffered serious injuries when he fell from the horse while riding
the horse and the ground was rock surface. His head start on the rocks, and therefore he suffered
serious injuries. Therefore in order to establish the negligence of the employee and to provide
labor for these injuries, Brendan should establish the element of negligence. In this case, the
elements of negligence can be described as follows:-

1. Duty of care: the duty of care was present on part of both the parties. The action would not
have taken place if Brendan have read all the instructions related with horse riding. On the other
hand, the employee also failed to check all the equipment before giving it to the consumer as it
would have decreased the liability.
2. Damage: in the present case they have to consider if injury can be considered as damage.
Brandon suffered concussion after he hit his head on the rocks. As a result of the injury, Brandon
could not join his work.
3. Position: if it is proved that the accident has taken place as a result of the negligence of the
employee and give proof regarding the injury, it can be said that negligence was present.
Discuss any defenses that may be available to Hoof Hearted Adventures
Answer: all the facts of the case, it can be said that to defenses may be available to Hoof Hearted
Adventures:
1. Contributory negligence: on facts of the present case, if it can be stated that Brendan had also
contributed to the injuries suffered by him, therefore Hoof Hearted Adventures have the
responsibility to give certain facilities to Brandon so that he may feel good and deal with his
unhappiness. In cases of contributory negligence the courts may allow the losses to be shared
between the parties.

2. Remoteness: hoof hearted adventures may want to know if the injuries suffered by Brendan
were reasonable or not added such injury was foreseeable. Only in such a case liability can be
imposed. Are other than a Brandon can prove all the claim, hoof hearted adventures will have to
provide complete compensation.
Discuss the types of damages that may be claimed by Brendan
Answer: in this case when there has suffered injuries, while he was riding the horse. His head
start against the rocky surface and he broke his left leg and right wrist. Therefore, first of all,
Brendan wants medical claim for the money spent by him on his treatment. He remained in
hospital for a couple of weeks and now is undergoing physiotherapy for the rest of the year.
Secondly, as a result of the accident, Brendan had to lose his job as a mechanic , because he
could not return back to work after the accident.
Identify 5 significant witnesses are pieces of evidence and explain how they are relevant?
Answer: in this case both parties have presented their own witnesses and evidence in order to
establish their case. However, 5 main evidence related with the case can be described as below.
The first made evidence is the waiver of liability. Other important witnesses and pieces of
evidence are Brandon's friends, notice board and the broken saddle. In the beginning, Brendan
was in a hurry, therefore he signed the waiver without reading and understanding its policies.
After the waiver was signed by Brendan, an employee gave important equipment to Brandon, but
he thought that the employee would have checked all the equipment, and then allow Brendan to

go further as mentioned in the notice. However, he ignored the notice and went on to catch his
friends. The witness, Brendan site was his friends who had narrated the accident. The last piece
was the broken saddle. If it would not have been broken, the accident would not have taken
place. Similarly, if the employer would have checked the saddle before handing it over to the
customer then such an accident would not have taken place.

Reference
 Yates, R. A. (2016). Legal fundamentals for Canadian business. Toronto: Pearson.
 Elements of a Negligence Case. (n.d.). Retrieved September 21, 2017, from
http://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html.