Tort Law Case Study: Brandon vs Hoof Hearted Adventures

This assignment is a comprehensive case study on tort law, focusing on the scenario where Brandon suffered a head injury due to negligence by the staff at Hoof Hearted Adventures Ltd. The document meticulously analyzes various aspects of the case, including determining parties involved, essential elements of negligence, defences for the defendants, categories and kinds of damages, and important witnesses or pieces of evidence. The assignment provides detailed references to relevant literature and online sources, making it a valuable resource for students studying tort law.

TORT PROJECT

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
1. Determination of parties and involvement of legal principles.................................................3
2. Analysing the essential elements of negligence action as per Brandon’s case........................3
3. Ascertaining the defences for Hoof Hearted Adventures........................................................3
4. Ascertain the categories and kinds of damages for Brandon...................................................4
5. Determining the important witnesses or pieces of evidence...................................................4
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
Tort has been denoted as the wrong justice over an argument. However, due to such wrong
justice and negligence over an act a victim has to face several damages mentally and physically.
The judgement relevant with such cases can be based on the statutes, criminal laws, contract
laws as well as claiming compensation by a party. In accordance with, operational requirements
and wants on which it can be said that there has been influences of various terms and conditions.
Asper the current case scenario which has been presented in the reports on which Brandon has
faced the issues of negligence from Hoof Hearted Adventures Ltd.
MAIN BODY
1. Determination of parties and involvement of legal principles
In accordance with the case of Brandon on which there has been legal involvement of
several parties such as Brandon, attendant at Hoof Hearted Adventures Ltd and the employee
who has neglected term of not giving the saddles which were for repair (Feldthusen, 2018).
However, there has been excuses represented by the employee that that was a busy day he
was engaged with multiple riders to train them of bringing them proper supplies. Along with this,
attendant of Brandon was also responsible for looking for Brandon and the activities which has
to be performed by him in an appropriate manner.
2. Analysing the essential elements of negligence action as per Brandon’s case
As per analysing the Brandon’s case on which it can be said that there must be implication
of various principles which are required to be followed by them such as Duty of Care. In this
principle a person can claim on another as they have avoided the foreseeable harm. In this case
the attendant as well as the employee of Hoof Hearted Adventures where responsible for such
crim as they have ignored Brandon and their duties (Merryfield, 2019). Attendant was
responsible for the safety and security during the time of horse riding training which was being
given to Brandon. Along with this, the employee was responsible for bringing the well condition
equipment to the trainees. In accordance with such issues on which it can be said that, they must
be charged against the duty of care in negligence.
3. Ascertaining the defences for Hoof Hearted Adventures
Brandon had head injury due to such accidents as well as the negligence was done by
attendant as well as the employee on which Brandon has faced such serious injuries. In
accordance with such negligence there has been breach of duty by these professionals. The
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standard of care which defines that there have been various tests that are required to determine
by a person who has exercised sufficient care in operating the activities with others (Levesque
and Malhotra, 2019). Moreover, it comes under the type of negligence such as slip and fall
accidents. In this case Brandon has fall from Horse and had a head injury which was due to the
negligence by the attendant as well as the employee operating in Hoof Hearted Adventures Ltd.
4. Ascertain the categories and kinds of damages for Brandon
There are various types of negligence and accidents such as Slip and fall accidents, car,
truck, motorcycle, pedestrian, medical as well as bicycle accidents. However, in relation with the
case of Brandon on which it can be said that there has been impact of Slip and Fall accident (The
3 Different Types of Tort Law, 2019). Therefore, in this case where Brandon has felt issues
which were relevant with the negligence and he was slipped from horse's back.
5. Determining the important witnesses or pieces of evidence
The witnesses which would assist the case and bring the effective reviews on the issues on
which there can be influences of various parties which are involved with the cases such as
Attendant, Brandon, His friends etc. along with this, as per considering the evidences which are
to be used under the case such as saddle which was damaged as it has crack on it (de Vries,
2018). It can be used to claim the damages faced by Brandon.
CONCLUSION
On the basis of above report, on which it can be said that there have been various issues
which were determined under the case of Brandon Vs Hoof Hearted Adventures Ltd. Brandon
has faced serious head injuries which was due to negligence of attendant and employee. The
accident leads him into depress on which he was not able to play golf again. However, he was
being advised to claim the charges against such professionals.
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REFERENCES
Books and Journals
de Vries, J. (2018). Negligence, Discretion and the Liability of Municipalities for Building
Regulation: The Case for Increased Deference. Faculty of Law, Students.
Feldthusen, B. (2018). Justice Beverley Mclachlin: Canadian Tort Law's Most Influential Judge-
Who Knew?.
Levesque, A., & Malhotra, R. (2019). The Dawning of the Social Model? Applying a Disability
Lens to Recent Developments in the Law of Negligence. Applying a Disability Lens to
Recent Developments in the Law of Negligence (April 5, 2019).
Merryfield, M. (2019). (You're) Having My Baby: Surrogacy Fees as a Cost of Future Care
Award in Canadian Tort Law. Appeal: Review of Current Law and Law Reform. 24.
Online
The 3 Different Types of Tort Law. 2019. [Online]. Available through
:<https://www.injurylawcolorado.com/legal-library/tort-law-types.html>.
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