1. Negligence litigation in the field of hospitality, sport, and recreation is common. In the context of negligence, explain reasons for the prevalence of litigation in the field.
2. Why is risk management important in the field of recreation/therapeutic recreation? Who does the risk management plan serve?
3. Explain the two primary reasons that a case would be heard in federal court as opposed to state court.
4. If you decided to settle a lawsuit brought against you for negligence, what would be your rationale (from a perspective of management)?
5. Name and describe the four elements that must be proved by a plaintiff in a negligence
case.
6. Briefly describe what is meant by the term capacity in the context of a waiver.
7. What are the legal defenses to intentional torts?
8. Explain strict liability. What are the categories of strict liability and give an example of each?
9. Describe the defenses to negligence.
10. Explain the six basic points about waivers.
11. Explain the case Plymouth Fertilizer Company, Inc v. Balmer (1986).
