MGMT1601 Tort Law Assignment: Negligence and Damages Claim Analysis

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TORT ASSIGNMENT 1
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TORT ASSIGNMENT 2
MGMT1601 Tort Assignment
1). Identify the parties and the legal principles involved in this case.
In the given scenario, identification of the parties is made and it has been discovered that
Brandon and Hoof Hearted Adventures Ltd. The issue identified in the provided case scenario is
whether the claim can be made by Brandon against Hoof Hearted Adventures due to the
negligence of the employee of the organisation. It has also determined that whether the actions of
the employee of Hoof Hearted Adventures has waived off the liability from the agreement signed
by Brandon. The given case is based on the principle of negligence which further includes the
provisions of Contributory Negligence as the directions provided to Brandon about getting the
equipment checked were not followed by him.
2). Discuss the essential elements of a negligence action in relation to Brandon’s case.
There is a number of elements which are determined within the act of Negligence:
The first and foremost element is the duty of care which is considered as one of the significant
elements that establishes the liabilities within the Tort Law. In this, the parties to the
arrangement are under an obligation to take measures or steps for avoiding the sustaining of
harm or injury (Durbin, 2017). As the services of horse riding were provided by Hoof Hearted
Adventures to Brandon, it is the obligation on the organisation to take care of Brandon. It is clear
such duty of taking care is owed by the party whose actions affect the other party. It was also
established in the case of Donoghue v. Stevenson.

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The second element of negligence is Standard of Care which provides an identification that
whether the party has taken sufficient measures to avoid harm to other party and making itself
free from the liability of negligence.
The third element of Negligence is the Damages which provide an insight on the party
sustaining loss or injury and whether such injury is physical, mental and financial (Mulheron,
2016). In the given scenario, Brandon has sustained an injury on leg and wrist as well as has
become incompetent to compete in the golf. Brandon has also under mental pressure due to such
incompetence.
The last element of negligence is Causation in which determination of direct connection
between the actions of Defendant and sustaining of injuries or losses by the Plaintiff is made. It
has been determined that Brandon has sustained physical, mental injuries and financial losses
due to the negligence of the organisation.
3). Discuss any defenses that Hoof Hearted Adventures may have.
The defense of contributory negligence is available with the organisation as Brandon himself
was negligent at a number of occasions. At first, the waiver was signed by him without reading it
making the organisation free from its liabilities. Furthermore, he failed to get the equipment
checked from the employee of the organisation before leaving for horse riding. This makes
Brandon equally negligent and liable as well which is covered under the provisions of
contributory negligence (Thomas, et. al., 2010). The organisation placed the warning signs to get
the equipment checked which is considered as a step to avoid injuries during horse riding.

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4). Discuss and categorize the kinds of damages that Brandon could claim.
In the provided case scenario, injuries are sustained by Brandon while riding a horse at Hoof
Hearted Adventures. It is specified that Brandon failed to read the waiver agreement and get the
equipment checked. However, this does not make the organisation free from its responsibilities
and be negligent in providing its services (Shavell, 2014). The injury sustained by Brandon is
sustained due to unfit and defective equipment provided by the employee of the organisation.
The employee must have made sure that whether the equipment is fit for use or not before giving
it to Brandon. This provides Brandon with the rights of making claims against the organisation,
Hoof Hearted Adventures. A claim can be made by Brandon for payment of compensation of
expenses made in getting medical treatments and other recovery programs in order to recover
from the injuries, both physical and mental. Moreover, claim for loss of income can also be made
by Brandon as due to such injuries, he has become incompetent to perform his duties. These
claims are required to be made in accordance with the provisions of negligence.
5). Identify five important witnesses or pieces of evidence, and explain how each is relevant.
There is a number of pieces of evidence which are as follows:
 The equipment provided to Brandon were defective and unfit for use as the equipment
were examined after the accident and it was discovered that such equipment was taken
from the box of equipment requiring repair.
 The ground of horse riding was not for riding as it was rocky and the same was not
repaired by the organisation.
 It was admitted by the employee that due to rush hours and a high number of customers
he was unable to take care of Brandon equipment.

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 The equipment provided by the employee was from unfit equipment box and breaking of
such equipment resulted in injuries to Brandon.
 The waiver agreement cannot bar legal remedy merely by establishing terms of the
contract.
References
 Durbin, E. (2017). Torts – Nature of Tort Law and Liability. Available at:
http://www.westlawnextcanada.com/academic/ced/torts. [Accessed on: 30.01.2019]

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 Mulheron, R. (2016). Principles of tort law. Cambridge University Press.
 Shavell,S. (2014). "Strict Liability versus Negligence," The Journal of Legal Studies 9.
 Thomas, E. J., Studdert, D. M., Burstin, H. R., Orav, E. J., Zeena, T., Williams, E. J., &
Brennan, T. A. (2010). Incidence and types of adverse events and negligent care in Utah
and Colorado. Medical care, 38(3), 261-271.