ASSIGNMENT 1 – Part 1 (Plaintiff)
Case summary:
Z. Ting & Mohammed v. Fearsome White–Water Rafting Ltd.
Zhao Ting and Henry Mohammed set out for a day of fun at Fearsome White–Water Rafting attraction. They both signed a waiver stating they “release the operator and its employees from all liability however caused.” Halfway through the course, their raft (piloted by one of the attraction staff) flipped over, an event considered as all part of the “extreme” factor. Both Zhao and Henry were wearing life–jackets. Henry was thrown to one side from the raft, and broke his hip in collision with a submerged rock. Zhao was initially unhurt, and both men were carried on the current to the
lagoon at the end of the course.
A Fearsome boat was waiting for them, and its crew used a hooked pole to snare the loops of their lifejackets. In thrusting forward with the pole, the crewman seriously sliced Zhao’s hand. Henry spent three months in a cast before he could work again, and Zhao missed six weeks of work.
Note: Based on the case summary provided above, you are able to enhance the facts (add details/facts) of the case but you cannot remove any facts provided in the original case summary.
You must be consistent with your additions and list them bullet point in a separate section.
Task
Either independently or in a group, you will use the case above as a guide to take action as the plaintiff against the defendant.
Each of the following parts must be a separate section in your assignment.
Part A. You will list in bullet point any facts/details that you are adding to the case summary and will list any applicable torts you to your claim (see chapters 4 and 5 for guidance). Torts may be listed in bullet point with a 1–3 sentence explanation on their relevance.
Part B. You are to prepare a writing of summons against the defendant alleging the particular injury/injuries suffered by the plaintiffs. In this scenario, you will include both Zhao and Henry’s claims, one after the other. You must also address the Considerations listed below Instructions for Making a Claim.
Part C. In a separate section, you are to provide case law applicable in support of your
argument. You are to provide (2) cases with a 3–5 sentence summary of each case and a separate paragraph to summarize why the cases provided are in support of your position
