Crocker v Sundance Northwest Resorts - Free Essay Example

Our precedent case: Case name: Crocker v Sundance Northwest Resorts Ltd._______ CanLii citation: 1988 CanLII 45 (SCC)________________________ Our precedent case has played an important role in the development of Canadian law; according to our textbook, it stands for the following principle (you may quote your textbook here): Duty of care Voluntary assumption of risk Contributory negligence Through our research we identified the following 2 cases where our precedent case was used by the Court to help determine the outcome. 1. Case name: Burton Canada Company v. Coady,____ CanLii citation: 2013 NSCA 95 (CanLII)__________________ 2. Case name: Hutchison v. Daredevil Park Inc.____________ CanLii citation: 2003 CanLII 25623 (ON SC)______________ Name of Case and Citation: Burton Canada Company v. Coady, 2013 NSCA 95 (CanLII) Type and Level of Case: Superior Court Facts: On February 16, 2008, Michael Coady, a 16-year-old boy, went to the Wentworth Valley Ski Resort, which was owned by Wentworth Limited (à ¢Ã¢â€š ¬Ã…“Wentworthà ¢Ã¢â€š ¬Ã‚ ), to play snowboard. On that day, Burton Canada Company (à ¢Ã¢â€š ¬Ã…“Burtonà ¢Ã¢â€š ¬Ã‚ ) was promoting their snowboard with several trials and provided free energy drinks that contained a lot of caffeine. Burton provided waiver documents forall of the snowboarders. On that day, Coady and his friends presented their IDs and signed the waivers. After several trials in the regular ski hills, Coady wanted some challenges and he went to the hills for risk-taker. He fell because of the high speed and suffered a very serious neck fracture, and finally confined to a wheelchair. Issues: Was Michael Coady contributorily negligent? Were Burton and Wentworth negligent? Did Michael Coady voluntarily assume the risk? Legal Principles: Duty of care Voluntary assumption of risk Contributory negligence How the Court Applied the Principles: The court considered that Burton and Wentworth owned a duty of care to Coady. As an occupier, the company should warn snowboarders the inherent risks of snowboarding, particularly for a snowboarder who is under the age of 18. Also, some instructions should be given to the snowboarders when they want to try the unfamiliar high-end board. The court rejected Burtonà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence of voluntary assumption of risk. As the snowboarding involves certain inherent risks, these dangers and hazards may result in serious personal injury or death. However, no signature was signed on Codayà ¢Ã¢â€š ¬Ã¢â€ž ¢s waiver by his parents or guardians, and the tragedy could be avoided if Burton insisted on parentà ¢Ã¢â€š ¬Ã¢â€ž ¢s signing. Burton asserted that Coady also had contributory negligence due to previously purchasing high-caffeine energy drinks. Nevertheless, the Judge pointed out the plaintiff was not affected by the drink and he did n ot take any particular energy drink before the accident. Judgment: Burton and Wentworth was responsible for half of the compensation ($24,000 in total). My thoughts: The court judged that Burton and Wentworth owned duty of cares to plaintiff, Coady. In my opinion, the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s analysis of this case is sound, since Burton and Wentworth should take responsibility of taking care of individuals as entertainment providers, especially for a boy who is under 18 years of age. I personally do not agree with the result. The outcome was morally and ethically inappropriate, even though Coady received the compensation, which can be treated as compensatory to the plaintiff. Nevertheless, this result may increase moral risk. For some individuals who want to get a great amount of money, they may sacrifice their physical health to earn the compensation. In consideration of risk management, for any outdoor activities, sponsors should present waiver and insist it sign ed by teenagersà ¢Ã¢â€š ¬Ã¢â€ž ¢ parents or guardians, as well as verify playersà ¢Ã¢â€š ¬Ã¢â€ž ¢ condition that not only include ages or IDs, but also contain alcohol drink or high-caffeine drink. Moreover, host ought to warn participants about the nature and potential danger of activities, which means companies also need to post signs to alarm players. Furthermore, sponsors should prepare protective equipments such as helmet and kneecap for customersà ¢Ã¢â€š ¬Ã¢â€ž ¢ safety. Name of Case and Citation: Hutchison v. Daredevil Park Inc., 2003 CanLII 25623 (ON SC) Type and Level of Case: Superior Court Facts: The plaintiff, Mr. Hutchison went to Daredevil Park with his family and broke his ankle because of slip when he was entering the waterslide. Mr. Hutchison, who had no experience on sinuous waterslide before, got hurt at the third time of using the slide. There was an attendant who was responsible for the use of both serpentine slides and straight slides, but he didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t provide Mr. Hutchison the relevant instructions. Issues: Did Daredevil Park owe a duty of care to Mr. Hutchison? If a duty existed, what standard of care was required and was the standard met? Did Mr. Hutchison voluntarily assume the risk? Did he have contributory negligence? Legal Principles: Duty of care Voluntary assumption of risk Contributory negligence How the Court Applied the Principle: According to the Occupiersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Liability Act, Daredevil Park has the responsibility to ensure the safety of customers. However, in this case, when the plaintiff entered the waterslide, there was no instruction from the attendant, and no signage or other warning at the entrance. Moreover, the lack of handrails contributed to this accident. The court judged that there was no evidence to prove that Mr. Hutchison knew it was risky to use the slide, and as he already paid for the ticket, he had the legal right to enjoy the facilities safely in the park. Therefore, the voluntary assumption of risk is not applied in this case. Mr. Hutchison had no knowledge about how to use waterslides and he didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t ask the attendant for instruction, so he had a contributory responsibility for his damage. Judgment: Daredevil Park had primary liability for the accident, so it was responsible for 80 percent of Mr. Hutchisonà ¢Ã¢â€š ¬Ã¢â€ž ¢s injury. And Mr. Hutchison undertook 20 percent of all his damage due to contributory negligence. My thoughts: From my point of view, the outcome is legally appropriate because this kind of result for a public park that someone may get hurt is foreseeable (Just like in Crockerà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, Sundance organised competition and provided drinks, so Crockerà ¢Ã¢â€š ¬Ã¢â€ž ¢s damage could be predictable). And as an occupier, it is the parkà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to ensure customersà ¢Ã¢â€š ¬Ã¢â€ž ¢ safety by all reasonable precautions. Nevertheless, different from Crockerà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, Mr. Hutchison did not sign a waiver with the park, so he had no voluntary assumption of risk. I argue that the judgment is morally acceptable. As an adult with mature thought, Mr. Hutchison was supposed to ask for instruction as he had never entered waterslides before to avoid risk, so he ought to take partial responsibility for his injury. In terms of t he risk management for an organization, I believe it would be difficult for them to operate, especially in the public place since there are so many resources and labors are involved. Therefore, for Daredevil Park, it is important to train the employees as well as make enough and appropriate arrangement of employees. In addition, more signs and warnings should be built in those areas with potential risks. Comparison Both of the two cases we found used the principles in our precedent case, however, there are some differences about how they applied the principles as followed: Duty of care: In both of the two cases, Daredevil Park and Burton Company are occupiers so they have the responsibility to ensure the safety of their customers. In the Parkà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, the objective reason of the accident is the deficiency of instruction and handrails for protecting the customers, and the lack of signage or other warning at the entrance. Similarly, in Burtonà ¢Ã¢â€š ¬Ã¢â€ž ¢ s case, the company had the responsibility to warn a snowboarder, particularly who is under the age of 18, about the inherent risks of snowboarding and how to use an unfamiliar board. Voluntary assumption of risk: In the Parkà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, no waiver was signed by Mr. Hutchison, which means there was no evidence to prove that Mr. Hutchison knew it was risky to use the slide, so the voluntary assumption of risk is not applied. By contrast, in the other case, the so-called waiver agreement was signed by the plaintiff, which means the plaintiff voluntarily assumed the risk. Nevertheless, in this case, the equipment users required a contract signed by parents or guardians when the user is under age of 18, and no signature was signed by Coadyà ¢Ã¢â€š ¬Ã¢â€ž ¢s parents or guardians. Hence, the court rejected Burtonà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence of voluntary assumption of risk because if Burton insisted on parentà ¢Ã¢â€š ¬Ã¢â€ž ¢s signing, the tragedy may not happen. Contrib utory negligence: In the Parkà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, as an adult, Mr. Hutchison had no knowledge about how to use waterslides but he didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t ask the attendant for instruction, so he had a contributory responsibility and undertook 20 percent of all his damage. However in Burtonà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, Coady had no contributory negligence, because based on the judgment of court, it was too dangerous to let customers to try the barrel jib feature; also, it was not appropriate for the existence of such free high-energy drinks under the circumstances, so all his damage was undertaken by the company. 1

Youth Side Effects - 1116 Words

Discussion Given the weakness related with BPD side effects, it isnt amazing that people with BPD are probably going to first look for treatment amongst youthfulness. In a longitudinal investigation of grown-ups with BPD, the announced mean age at which people looked for treatment was 17 years (Zanarini, Frankenburg, Hennen, Reich, and Silk, 2006). A few clinical trials have been directed with young people who have BPD and have been appeared to be compelling in decreasing indications (Chanen et al., 2008; Klein and Miller, 2011). In aggregate, these discoveries feature the requirement for evaluation and treatment administrations for BPD amongst this formative period. Early identification and treatment may prompt enhanced results for these†¦show more content†¦Strangely, the two papers found a comparative example of results despite the fact that the specimens were very exceptional, with one comprising of a clinical example of young men and another including a high hazard group test of y oung ladies. To start with, Burke and Stepp utilized imminent information from the Developmental Trends Study (Loeber, Green, Lahey, Frick, and McBurnett, 2000), a center alluded test of 177 young men, to test connections among adolescence mental clutters and BPD in youthful adulthood. They found that adolescence and youthful side effects of ODD and ADHD and in addition marijuana utilize anticipated BPD indications at age 24. Upon facilitate examination in regards to which variables of ODD anticipated BPD, the oppositional behavioral side effects (e.g., contends), however not the full of feeling side effects (e.g., irate), were interestingly identified with BPD even in the wake of representing side effects of other personality disorder. The discoveries with respect to the absence of imminent relationship between certain youth mental scatters and BPD are additionally of intrigue. In particular, Conduct Disorder (CD), sorrow, and uneasiness were not identified with BPD indications in youthful adulthood. Moreover, when other personality disorder side effects were incorporated into investigations, ADHD and weed utilize were never again related. These discoveriesShow MoreRelatedThe Youth Health Issue Of Bi Polar Disorder1354 Words   |  6 Pages This essay will critically evaluate contemporary approaches that address the youth health issue of bi-polar disorder. 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The Americans With Disabilities Act Essay - 964 Words

All Americans deserve the right to receive the best medical treatment available, that includes those with disabilities. So what is ADA? What makes it so essential? ADA may seem like just a couple letters from the alphabet, although to a person that has a disability it means a whole lot more. ADA stands for Americans with Disabilities Act. The Americans with Disabilities Act is extremely vital in the medical field. Not only is it the law to ensure that there is appropriate access to those with disabilities, on the other hand it is also medically necessary to treat all patients. The Americans with Disabilities Act was founded in 1990 and it is designed to protect against discrimination of those with disabilities,(Jacobs, R.B Lauber, R.H, 2011). â€Å"In the Americans with Disabilities Act, disability is defined as: (1) a physical or mental impairment that significantly limits one or more major life activities, (2) having a record of such impairment, or (3) being â€Å"regarded as† having an impairment,†(Bernstein,S.K,2014). It is exceptionally crucial that all business comply with all the rules and regulations of the Americans with Disabilities Act, if failed to implement those rules there will be penalties to pay. The Americans with Disabilities Act, especially applies to health facilities, be that as it may it also applies to all businesses with 15 or more employees, (Lindh, W. 2014). 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The American with Disabilities Act (ADA) defines disability as â€Å"a physical or mental impairment that limits one or more of the major life activities of such individual†. There are many different perspectives of what the term disability means from an administrative, clinical, or academic researchRead MoreThe Americans With Disabilities Act1779 Words   |  8 PagesEverest. For many disabled Americans, Zack’s experience was an all too common daily occurrence until the Americans with Disabilities Act became law. Before the act was passed, disabled individuals struggled to get around and do everyday activities, such as going to church, going out to eat, and getting to class on time, which were simple for other Americans. When the Americans with Disabilities Act became a law in 1990, it enabled the disabled to take part in the American Dream. The ADA not only ensures

Evaluating the Competitive Strategy of Tablet PC Industry

Question: Describe about the Evaluating the Competitive Strategy of Tablet PC Industry. Answer: Jet Go Australia is an Australia based airlines company, which operates regular public transport in different routes (Technologies 2016). The company also provides service on the international market and therefore, the company has adopted different strategies. In order to evaluate the organizational strategies for surviving in the competitive market, following is the evaluation of the theory relating to Adaption, Aggregation and Arbitrage. Adaption: Adaption is a organizational activity, which helps the organization to create suitable presence in international market according to the cultural aspects of the targeted country (Mitra 2016). In order to conduct this activity, the company has adopted efficient marketing strategies for different countries. The marketing and promotional strategies are based on the needs and requirements of the consumers (Chen et al. 2016). In order to adopt cultural aspects of the targeted countries, the company has implemented effective communication model, which helps the company to understand needs and wants of the consumers (Chang and Tsai 2016). Apart from that, the company has improved their logo for different countries in order to create a global presence in different countries (Lee, Yoo and Kim 2016). In this aspect, the company has adopted variation approach, which helps the company to implement different policies depending on the countrys cultural aspects. Apart from cultural aspect s, legal aspects of the targeted country are also considerable factors for the company. Aggregator: This strategy helps to improve the service quality of the company in different business location. In this approach, there are certain issues that might affect the brand image of the company (Chen et al. 2016). In case of Jet Go, the company has taken a proactive approach for improving the service quality. The company has provided training to the workforce for improving their performance rather than just pressurizing the workforce. In this manner, Go Jet is mitigating the possible risk factor of aggregator approach (Chen et al. 2016). Arbitrage: this approach refers to the process of exploiting difference between different markets rather than adopting the market specifications (Mitra 2016). In this manner, most of the company adopts different types of pricing strategy depending on different market location. In case of Go Jet, the company has implemented different pricing strategies depending on the economical condition of the targeted country (Chen et al. 2016). Through this strategy, the company can maintain their business profitability by implementing respectively high and low pricing strategy accordingly to the market. Reference list Chang, S.C. and Tsai, P.H., 2016. Evaluating the Competitive Strategy of Tablet PC Industry by Using Fuzzy Group Decision Making Techniques Chen, C.M., Lin, Y.C., Chi, Y.P. and Wu, S.C., 2016. Do competitive strategy effects vary across hotel industry cycles?.International Journal of Hospitality Management,54, pp.104-106 Lee, S., Yoo, S. and Kim, D., 2016. When is servitization a profitable competitive strategy?.International Journal of Production Economics,173, pp.43-53 Mitra, S., 2016. Models to explore remanufacturing as a competitive strategy under duopoly.Omega,59, pp.215-227 Technologies, V. 2016. Take The Jet. Jetgo.com. Available from: https://www.jetgo.com/ [Accessed 26 May 2016]