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

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.