Essay
In need of a break from his hectic work schedule,Adam signed up for a weekend of trail riding at City Slicker Ranch.Adam had ridden a horse before at his uncle's farm as a child but did not have a great deal of experience.When he arrived at City Slicker Ranch he was introduced to Jan who would be the trail guide for his weekend rides.Jan asked each of the riders in her group about their experience and Adam replied that he had ridden before.During the first ride,Jan spent time getting to know the group and rode alongside Adam for about a half an hour.She noticed that he seemed quite comfortable on the horse although he had a tendency to hold the reins too far back,which would make it difficult to control the horse if it were startled.Jan mentioned this to Adam who said he would try to correct his style.The following day Jan again reminded Adam that he was still holding the reins too far back.Shortly thereafter Adam's horse stopped suddenly,refusing to cross a stream.As Adam was pitched forward,Jan shouted to him to release the reins.Adam continued to hang on to them and,as a result,the horse moved so that it stepped on Adam when he hit the ground,breaking his leg.Adam instituted legal proceedings against City Slicker Ranch.Discuss the nature of Adam's claim and indicate how successful you believe he would be.What defences would the Ranch rely on?
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Based on Llewellyn v.MacSwain (1993),106...View Answer
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