MGMT1601 Tort Assignment: Analyzing Negligence in Case Laws

This case study delves into a "tort of negligence" case involving Brandon and Hoof Hearted Adventures, examining the legal principles at play. It identifies the parties involved and explores the essential elements of a negligence action, particularly focusing on injuries, damages, and losses caused by the defendant's alleged negligence. The analysis scrutinizes the liability clause in the contract, emphasizing the importance of parties reading and understanding such clauses before signing. It considers whether Hoof Hearted Adventures fulfilled their duty of care, especially regarding safety measures like saddle checks and rider training. Defenses available to Hoof Hearted Adventures are also discussed, such as the plaintiff's failure to read the contract and his own negligent actions. Furthermore, the study outlines the types of damages Brandon could claim, including hospital dues, personal damages, and compensation for mental and physical distress. The study concludes that while plaintiff acted negligent, it was the sole responsibility of the defendant to ensure that the plaintiffs are able to read and abide by the protocols.

Running Head: Case laws 1
Case laws
Student Name
Student ID
Institution Name
Author Note

Case Law 2
Introduction
The case law is about the two parties Brandon and Hoof Hearted Adventures and the case to
applied is of the” tort of negligence”. In this case, a brief evaluation of the clauses, issues or
concerns and access would be discussed related to the case.
Answer 1
The parties involved are Brandon and Hoof Hearted Adventures. The legal principles applied
here is the negligence law and the tort law.
Answer 2
Brandon essential elements of the negligence action which plaintiff can win over a lawsuit
are the injuries, damages, losses caused by the defendant negligence. In the contract, the Hoof
Hearted adventures has clearly mentioned the liability clause, which the plaintiff without
even reading has signed (Svantesson, 2015). It is important when the parties are signing such
clauses they need to read contract clauses. Each party should allow parties to have a
reasonable time to go through the contract. They need to abide by the clauses of the
negligence that should oblige to pay for damages. Also, it was clearly written in the contract
that when the rider is riding the horse, the employee needs to check if the rider is wearing a
saddle, harness along with the riding equipment. But when Brandon was sitting, no employee
was there to assist him. Brandon also without notifying started with the horse riding.
Additionally, before allowing the rider to do independent horse riding, the employee also
needs to train the horse and the rider about the avoidable accidents. Here, the employee of the
Hoof Hearted Adventures completely avoided it. There was also no additional employee of
the security guard to assist the rider.

Case Law 3
Answer 3
The defences which the Hoof Hearted Adventures can have here are that the plaintiff needs to
read the contract law before signing (Llewellyn, 2015). The other defence is that the rider
needs to be patient while riding the horse and should have waited for the employee to come.
He didn't even bother to tell the employee about the horse riding. The plaintiff acted in an
immature manner. Not, only he compromised with his own life, but with the reputation of the
company. As the two clauses were clearly written which was the "Waiver of Liability -
READ BEFORE SIGNING" & Notice", but still the rider didn't comply with. He was also
diagnosed with the "post-concussion syndrome” which was not disclosed to the other party.
Any sort of operation or accidents, treatments needs to be declared to the other party before
proceeding with the adventure sports.
Plaintiff also acted in negligence by not being alert and picking the saddle which belonged
from the repair: Plaintiff also agrees that it was a busy time of the day and he was not patient
enough to wait for his turn when the employee or the attendant was busy attending multiple
riders.
Answer 4
The kinds of damages which the Brandon can claim are the hospital dues, personal damages,
long term treatment, mental and physical depression along with the fines, penalties for not
been able to employ (McParland, 2015). Under the Tort of negligence, Brandon is entitled to
hospitals bills, long term personal care, any sort of compensation for the physical and the
mental harassment.
Answer 5
The witness, in this case, is the

Case Law 4
Employee or Attendant
Brandon’s two friends
The piece of evidence are the-:
The attendant was busy and rider did not wait for his turn to be assisted
Rider did not read the waiver of liability and signed it (Fuller, 2015).
In a hurry, he picked up saddle which had a buckling issue and acted impatiently while riding
the horse, not waiting for the attendant and even not alerting anyone while riding.
Conclusion
In the case, it is quite evident while plaintiff act of negligence, but it was the sole
responsibility of the defendant to ensure that the plaintiffs are able to read and abide by the
protocols.

Case Law 5
Reference
Fuller, L. L. (2015). Reason and Fiat in Case Law. Harv. L. Rev., 59, 376.
Retrieved from the link: https://www.jstor.org/stable/i257236
Llewellyn, K. N., & Hoebel, E. A. (2015). Cheyenne Way: Conflict and Case (Civilization of
American Indian). Norman: University of Oklahoma Press.
Retrieved from the link on 3rd Feb 2019 https://www.amazon.com/Cheyenne-way-primitive-
jurisprudence-Civilization/dp/B0007FDYCY
McParland, M. (2015). The Rome I Regulation on the law applicable to contractual
obligations. Oxford University Press.
Retrieved from the link on 3rd Feb 2019
https://global.oup.com/academic/product/the-rome-i-regulation-on-the-law-applicable-to-
contractual-obligations-9780199654635?cc=us&lang=en&
Svantesson, D. J. B. (2016). Private international law and the internet. Wolters Kluwer Law
& Business.
Retrieved from the link on 3rd Feb 2019
https://lrus.wolterskluwer.com/store/product/private-international-law-and-the-internet-third-
edition/