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Question: Your task is to research and write a legal Memo based on the following fact situation. Your memo should include the following parts: Facts Issues Law Discussion Conclusion Bibliography Answer: 1.Facts According to the case study, the fact is Gill Golfer and Dave Driver both are playing golf in the Great Golf Courses Inc and member of the golf club. One day when they went to the golf club for playing the golf they used a golf cart for travelling between the golf holes. In the golf club they signed a contract when for using the golf cart about the usage and liability for using the cart. After some time when they are on the golf hole, Diane McDonald one of the employee of the golf course suggest them to park the car near a safe place and they parked as per the suggestion. However, when Dave suddenly and accidentally hit the golf carts gas pedal and drove into Gill. Therefore, Gill got injury and when they are on the ambulance, Dave apology to her but she warned him that she will sue her. 2.Issues According to the case the issues are, For the accident to Gill, whether she can make any allegations towards Dave Driver, Great Golf Course Inc and Diane McDonald for the damages or not. As per the signed contracts, whether the Great Golf Course Inc and Diane MacDonald can resolve their liability or not. 3.Law As per the case study, it can be stated that it is a case of negligence where Dave unintentionally caused damage to Gill. The law of tort defines the negligence in the unintentionally law of tort. Due to the negligence of Dave, he suddenly and accidentally hit the golf carts gas pedal and drove into Gill. Here the customer who is herself liable for her own injury. As per the case of Neely v MacDonald, 2014 ONCA 874 (CanLII) the facts of the liability held upon to the customers for the injury to him and his guests. The golf club is not the liable for their own injury. The liability of damage is caused by the guest but the court of the Superior Court of Justice also claimed the damages which were related to the golf club (Millington Wilson, 2016). This case was followed the judgment of the facts which are stated in another case of Fenn v Peterborough (City) (1979) where the Canada Court held the exemptions the claims of negligence (Bittle Snider, 2015). 4.Discussion As per the case study, Gill and Dave both of them signed the contract with the golf company that that the customers will not make liable the Golf Courses Inc. and its officers and employees for any kind of damages or claims which may arise from the use of golf cart. Therefore it can be stated that Gill never make liable to Diane McDonald who is one of the employee of the golf course company as because she already signed that contract of customer which was provided by the Great Golf Courses Inc. . Diane McDonald advised Dave to move the parking place because the golf cart was parked on a slope and which was too close to the hole and can be harmful for the customers. However, Dave did not change the parking place because he have a knee ache and suddenly he hit Gill with the golf cart while he is driving the golf cart and which make injury to Gill and broke her right arm (Spengler, et al. 2016). When Dove driving the car, it is his duty to properly drive the car and not hit anybody with it. Though he had no intension to hit Gill but she got a several injuries. It is the negligence cause by Dove and cause injury to Gill. Now Gill can take action against him for the injury and claim the remedies for the injury. In the case of Neely v MacDonald, 2014 ONCA 874 (CanLII) it was established that Canadian Litigation Counsel (CLC) arranged for a golf tournament at Bond Head Golf Resort where Neely was in the passenger golf cart with Kelly MacDonald and when the golf cart was accidently fall from the steep hill Neely got injured and make the charges against her for the negligence in driving the car. Fenn v Peterborough (City) (1979) is another case which facts and the judgments are relates with this case (Fordham 2015). However, Neely also sue the golf course company because she alleged that the cart was too fast to drive in a steep hill which was the another cause for her accident but the court has stated that the concept of customer is liable for all damage caused by customer or their guest is included in the contract with the golf course company and the damage was only caused for the negligence of the guests. Therefore as per the above concept of Neely v MacDonald, 2014 ONCA 874 (CanLII) which facts can be relates with this given case studies and can be included that Gill can make liable for her injury to Dave only because they are the customers in that golf course company and when they signed the contract, the liability lies towards them for any injuries. Dave failed to drive the car properly which cause the damages to Gill and caused that damage. She can claim the remedies from Dave for her broken arm. The damage is caused for the negligence by Dave and the causation was not taken and the injury was also too remote for the damage (Foley Christensen, 2016) 5.Conclusion As per the case study, it can be concluded that the injuries was happen due to the negligence of the customer. As per the terms of customer is liable for all damage caused by customer or their guest, Gill and Dave already signed the contract. Diane MacDonald was an employee of the company and he warned Dave about the slope parking area but he ignored and hit Gill which is the cause of the damage to her. Therefore Gill can never sue Great Golf Courses Inc. and its officers and employees as per the signed contract. She can make the allegations against Dave for the injury and claim the remedies against him for the negligence. 6.Bibliography Bittle, S., Snider, L. (2015). Law, Regulation, and Safety Crime: Exploring the Boundaries of Criminalizing Powerful Corporate Actors. Canadian Journal of Law and Society/Revue Canadienne Droit et Socit, 30(03), 445-464. Fenn v Peterborough (City) (1979) Foley, M., Christensen, M. (2016). Negligence and the Duty of Care: A Case Study Discussion. Singapore Nursing Journal, 43(1). Fordham, M. (2015). The Protection of Personal Interests-Evolving Forms of Damage in Negligence. SAcLJ, 27, 643. Millington, B., Wilson, B. (2016). The greening of golf:" Sport, globalization and the environment". Oxford University Press. Neely v MacDonald, 2014 ONCA 874 (CanLII) Spengler, J. O., Anderson, P. M., Connaughton, D. P., Baker III, T. A. (2016). Introduction to Sport Law With Case Studies in Sport Law. Human Kinetics.