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Chapter 6 Tort Law Questions 2024/2025 Exam Questions and Corresponding Answers with Surety of 100% Pass Mark

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Chapter 6 Tort Law Questions 2024/2025 Exam Questions and Corresponding Answers with Surety of 100% Pass Mark Elaine Sweeney went to Ragged Mountain Ski Resort in New Hampshire with a friend. Elaine went snow tubing down a run designed exclusively for snow tubers. There were no Ragged Mountain employees present in the snow-tube area to instruct Elaine on the proper use of a snow tube. On her fourth run down the trail, Elaine crossed over the center line between snow tube lanes, collided with another snow tuber, and was injured. Elaine filed a negligence action against Ragged Mountain seeking compensation for the injuries that she sustained. Two years earlier, the New Hampshire state legislature had enacted a statute that prohibited a person who participates in the sport of skiing from suing a ski-area operator for injuries caused by the risks inherent in skiing. Using the information presented in the chapter, answer the following questions. What defense will Ragged Mountain probably assert?

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Institution
Tort Law
Course
Tort Law

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Chapter 6 Tort Law Questions 2024/2025
Exam Questions and Corresponding
Answers with Surety of 100% Pass Mark



Elaine Sweeney went to Ragged Mountain Ski Resort in New Hampshire

with a friend. Elaine went snow tubing down a run designed exclusively for

snow tubers. There were no Ragged Mountain employees present in the

snow-tube area to instruct Elaine on the proper use of a snow tube. On her

fourth run down the trail, Elaine crossed over the center line between snow-

tube lanes, collided with another snow tuber, and was injured. Elaine filed a

negligence action against Ragged Mountain seeking compensation for the

injuries that she sustained. Two years earlier, the New Hampshire state

legislature had enacted a statute that prohibited a person who participates

in the sport of skiing from suing a ski-area operator for injuries caused by

the risks inherent in skiing. Using the information presented in the chapter,

answer the following questions.




What defense will Ragged Mountain probably assert?



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,The central question, in this ca - 🧠 ANSWER ✔✔RM is a Ski Resort in

state NH which is famous for skiing. Ms. E went out for snow tubing. There

are no employees to give the directions for snow tubing. Ms. E start a ride

and could not handle the tube properly and as a result suffered injuries. Ms.

E filed a suit against RM for negligence action to claim compensation for

her injuries.




1. Defense that may be probably asserted by RM is "Assumption of risk".

Under this, if the plaintiff is injured, thereby exposing himself/herself to a

possible or known risk, recovery for the loss or injury cannot be recovered

by him/her.




Here in this Case, E exposes herself to a known risk while doing snow-

tubing, even when no instructor was present there. She used snow-tube

run which was exclusively for snow tubers. Thus, RM probably can go with

this affirmative defense.




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STATEMENT. ALL RIGHTS RESERVED

, 2. State NH enacted a statute prohibiting the plaintiff from suing the

defendant for the injuries caused to him, arising from the inherent risk

involved in skiing. However, in case related case, such as in case of snow-

tubing, E will be assumed as she knows the possible risks involved. Thus,

E cannot take the advantage from it.




In such case, decision will favor the defendant as it can be advised that one

should not go for any such sport, if not trained well and even when there is

absence of an instructor




3. No, if the court concludes that the statue applies only to skiing and not to

snow tubing, even then also E's lawsuit will not be successful. This is

because being aware and cautious at the time of snow tubing is a general

common sense. Ms E should not had gone for snow tubing without proper

care. Thus, there are string chances that she would not win the case under

assumption of risk.




4. Under contributory Negligence theory, E's damages could be reduced in

proportion to the degree to which her actions contribu

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STATEMENT. ALL RIGHTS RESERVED

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