Final Exam Essays
Prior to any claims being filed in court for damages you would first look to find out if there was a waiver of injury signed by the riders exempting the resort and it’s employee’s against an injury claims being filed by their riders. Then you would find out if there were any accident reports filed by the resort, or if there were any police reports filed. You should find out if there were any medical reports filed. You should also find out if there were any insurance claims filed by the victim. Then you should find out if there were any witnesses to the accident. Now if the resort is found guilty of negligence in this case the rider could sue the resort for damages under the fact that Tex and Rex were employed by the resort. The resort is responsible for their employee’s behavior. The resort is also responsible in this case due to their possible failure to monitor their employee’s to ensure that the standards of care were followed. The resort has the responsibility to provide due care for all of their attendee’s. If the resort did not follow the standards of care they could be found guilty of negligence. A prime example would be that of an individual who is swimming in the ocean and begins to struggle and possibly drown. A passerby notices the swimmer in trouble and attempts to rescue the swimmer, in doing so the rescuer begins to tier while attempting to bring the swimmer to shore. However, because the rescuer is tired he decides to release the swimmer and return to shore alone, and in doing so the rescuer could be found guilty of negligence due to the rescuers failure to exercise the standard of care to the swimmer because he/she began to rescue the swimmer and then elected to stop and leave the swimmer. In the case of Rex, and Tex once they had decided to place the rider on Molly they became liable if anything happened. In addition Tex and, Rex could be sued for battery. Battery is a harmful touching. The elements of battery are such that: It is an act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other, if the act is done with the intention of bringing about a harmful or offensive contact or an apprehension to the other or a third person, and the contact is not consented to by the other or the other's consent is procured by fraud or duress, and the contact is not otherwise privileged. (Garret v Daily, 1955). The rider may look to argue
