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Outdoor pursuits programming : legal liability and risk management / Glenda Hanna.
- Format:
- Book
- Author/Creator:
- Hanna, Glenda, 1957-
- Language:
- English
- Subjects (All):
- Outdoor recreation--Law and legislation--Canada.
- Outdoor recreation.
- Recreation--Law and legislation--Canada.
- Recreation.
- Physical Description:
- 1 online resource (271 p.)
- Edition:
- 1st ed.
- Place of Publication:
- Edmonton : University of Alberta Press, c1991.
- Summary:
- An essential resource for all outdoor programming agencies and leaders. Glenda Hanna examines relevant negligence law as it is applied in Canada courts of law and identifies the legally defined responsibilities of program administrators, leaders, and participants.
- Contents:
- Intro
- Contents
- Acknowledgements
- 1 IS THE RISK WORTH TAKING?
- The Outdoor Leader-A Conceptual Definition
- 2 AN OVERVIEW OF THE CANADIAN LEGAL SYSTEM
- Sources of Canadian Law
- Statute Law and Its Interpretation
- Case Law and the Rule of Precedent
- Custom or Convention
- Morality
- Divisions of Canadian Law
- Public Law
- Private Law
- The Canadian Court System
- The Supreme Court of Canada
- The Supreme Court of a Province
- County or District Courts
- The Surrogate Court
- Provincial Courts
- Steps Involved in a Civil Court Proceeding
- Assessment of Damages
- 3 THE BASIS OF TORT LIABILITY
- The Functions of Tort Law
- General Principles of Liability in Tort Law
- Negligence as a Basis of Tort Liability
- Duty of Care
- Standard of Care
- Proximate Cause-The Foreseeability Test
- Breach of Statute
- Conduct of the Plaintiff
- Contributory Negligence
- Voluntary Assumption of Risk
- Negligent Statements
- 4 THE CHILD PLAINTIFF
- The Standard of Care Owed the Young
- The Capacity of a Child to Enter Litigation
- The Duty Owed Children by Their Parents
- The Liability of Those Taking the Place of Parents
- Contributory Negligence of the Young
- 5 STATUTE LAW AND THE OUTDOOR LEADER
- The Statutory Duties of Teachers
- The Statutory Duties of Occupiers
- Relevant Legislation for Use of Public and Private Wildlands for Outdoor Programming
- Environmental Legal and Ethical Considerations
- Relevant Legislation for Use of Public Parklands for Outdoor Programming
- 6 THE LEGAL LIABILITY OF THE OUTDOOR LEADER
- The Test for Outdoor Leader Liability
- Duties of the Outdoor Leader
- Outdoor Leader Qualifications
- Navigation and Guidance
- Supervision
- Instruction
- Provision of Safety Measures
- 7 VICARIOUS LIABILITY.
- The Relationship between Outdoor Education/Recreation Leadership and Programming Organizations
- The Liability of Outdoor Education/Recreation Program Delivery Agencies and Boards
- The Concept of Vicarious Liability
- The Test for Vicarious Liability
- The Case of Nonincorporated Clubs and Associations
- Common Adventure Situations
- 8 RISK MANAGEMENT
- Definition and Concepts of Risk
- Objective Versus Subjective Risk
- What Are the Risks?
- Pure Versus Speculative Risks
- Methods of Managing Real Risk in Outdoor Activity Situations
- Transference of Risk through the Use of Waivers
- Limitations to the Application of Waivers
- The Anatomy of the Legal Liability Waiver and Assumption of Risk Form
- 9 INSURANCE
- The Mid 1980s Liability Insurance Crisis
- Causes of the Crisis
- Implications of the Crisis
- Potential Solutions to the Crisis
- Purchasing Effective Liability Insurance
- Who Pays the Premiums?
- Definitions and Principles of Liability Insurance
- Types of Liability Insurance Coverage
- Comprehensive General Liability Policies
- Additional Types of Liability Insurance
- 10 MOTOR VEHICLE LIABILITY
- Liability for Accidents Occurring During Travel
- Automobile Insurance
- Gratuitous Passenger Status
- 11 RESCUE AND EMERGENCY SITUATIONS
- The Outdoor Leader as Rescuer
- Duty to Rescue Participants
- The Standard of Care Expected in Emergency Situations Involving Participants
- The Duty to Rescue Others
- The Standard of Care Expected When Rescuing Others
- The Outdoor Leader's Liability for Other Rescuers
- The Contributorily Negligent Rescuer
- 12 DEFENDING AGAINST CLAIMS OF NEGLIGENCE IN OUTDOOR EDUCATION/RECREATION SITUATIONS
- Defending Against the Criteria for Negligence
- No Duty of Care
- No Breach of Duty: Meeting the Required Standard of Care
- The Absence of Legitimate Damage.
- No Proximate Causation: Meeting the Foreseeability Test
- Prejudicial Conduct on the Part of the Plaintiff: Voluntary Assumption of Risk
- The Reliance upon Waivers in a Defense
- Other Defenses
- Statutory Time Limitations
- Unauthorized Activity
- Error in Judgment
- What to Do in the Event of a Potential Lawsuit
- Care for the Victim
- Employment of a Scribe
- Securement of Assistance/Contact of Employer
- Contact of Insurance Agent and Lawyer
- Avoiding Discussion of the Issue
- Avoiding Operational Changes
- Trying to Settle Out of Court
- Appendix
- Notes
- Abbreviations of Court Titles
- Bibliography
- BOOKS
- ARTICLES
- UNPUBLISHED MATERIALS
- MONOGRAPHS/REPORTS
- PERSONAL CONTACTS
- CANADIAN CASES
- BRITISH CASES
- AMERICAN CASES
- OTHER CASES
- STATUTES
- By-Laws
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- R
- S
- T
- V
- W
- Y.
- Notes:
- Includes bibliographical references and index.
- ISBN:
- 1-4593-0454-3
- 1-4175-9315-6
- OCLC:
- 647754059
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