DISCUSSION QUESTION 4
Raggedmountain will claim she went snow-tubing down a snow tube that isspecially designed for snow-tubers without an instructor. The risksinvolved in the snow-tubing could not prevent Alaina from being givenjustice. There should be rules and regulations set to govern thesport. Assumptions that the risks involved could have bared Alainafrom skiing are wrong. Alaina’s suit will not be successful. Thecourt’s order would have clearly pointed out that the law appliedto skiing only. It will be contrary to Alaina’s case as she wentsnow-tubing and not skiing. The damages could be reduced by theragged mountain ski resort based on theories that Alaina got injuredin their area of jurisdiction. It can be questionable as to where theemployees of the resort were during the time when Alaina wassnow-tubing. They could have stopped her from participating in thesport or given her some instructions (Harris,2011).
Theduty in the case of a reasonable person is that Sasha could haveprevented Joe-Lo from drinking too much. The breach in the activityis that Joe-Lo broke the law by drinking and driving. The defendant’sconduct caused the complainant harm. If it were not for the drunkdriving, the accident could not have happened. The defendant owes theclaimant compensation for the injuries and the repair of the car.Sasha is also responsible for the crash. She saw that Joe was drunkbut still served him another drink. Joe can sue her for serving adrunken person more alcohol. The other driver is not liable for anycompensation from Sasha. He did not witness Sasha serving Joe thedrink (Harris,2011).
Theduty in the case is that Bradley was not cautious while doing hispractice. The breach is that he broke the law by being in the gameroom at the wrong time. The defenders conduct caused the complaintharm as she was injured by the swing. The complaint should becompensated for the injuries and maybe medical care. The amount ofdamages cannot change. After the swing hit anyone, it could be stillmean harm to the complainant.
Harris,P. G. (2011). Ethicsand Global Environmental Policy: Cosmopolitan Conceptions of ClimateChange.Cheltenham: Edward Elgar Pub.