10 Top Tips for Answering Problem Questions, Top Tips to Score 70 and above in Online Law Exams. Evil should be liable, and if so, to what extent. Identify any actions available in the tort of negligence and analyse the elements of the tort accordingly. Tort law is a collection of legal rules and ideas which protect you from harm and vindicates many of … Look at this example: Separating each issue with sub-headings is always a good idea. Even if you have done lots of revision and know the topics really well, you have to answer the questions within the time period allowed. Examiners’ reports 2019. Question: Gregory, 22, is involved in a cycling accident. Tort question - negligent misstatement in the Tort of negligence. Whether it is criminal, tort, contract, equity or land law, these ten steps are an excellent start to answering problem questions! And so, we must conclude that the Defendant 1 had a duty of care towards the other road users, breached it, and hence caused the events that followed and the damages that were done. Sign up to view the whole essay and download the PDF for anytime access on your computer, tablet or smartphone. Make sure you think about how you will actually approach the whole answer rather than just scribbling down your answer immediately. JavaScript seem to be disabled in your browser. The Bully Problem. Please help! The defendant argued that his liability ended at the moment of the, shooting because the first injury was “obliterated”. Hence, we will be looking at whether or not the claimant is liable to succeed in this claim. Tort and the tort system: general overview Chapter 2. Exceeding the speed limit, especially in a case where there is a school nearby, is considered an offence by the Highway Code. Browse through all study tools. A new act may break the chain of, causation, where “another unforeseeable act occurs and if ‘the second cause is so, overwhelming as to make the original [act] merely part of the history’, causation is broken, the defendant is relieved of his responsibility: that is what David is, In Andrew’s case, the illness and the shooting are two independent events causing a similar, damage to Andrew’s chest. This sounds obvious, right? Tort Law. It is possible that may have a defence available, potentially available defences include statutory authority, prescription, assumption of risk, contributory negligence, what ever happens, if this defence was proved successful Mr Arantes would not be able to claim for damages. Horsey & Rackley: Tort Law Chapter 4: Answers to chapter-opening problem questions . ; Discover why elements of the answer have been included and how they relate back to the question in accompanying Guidance. Speeding in turn had caused the Defendant 2 to hit the Claimant and cause him physical injury. Sample Tort Law Problem Question Whether Autumn Bay High and Johnny owe a duty of ca re to Persephone and Aphrodite. Margaret, who is 75, is in the supermarket on a busy Saturday afternoon when she begins to feel pains in her chest. 1) Reaching ‘mini conclusions’ at the end of each issue throughout the answer. Duty of care: further issues Chapter 4. However, sometimes students ignore the main issues and instead talk about whether the law is satisfactory and how it can be reformed. Causation is a matter for the jury to decide. Does the, second injury break the chain of causation by obliterating the first defendant’s, was hit by the defendant’s car, ultimately losing his job because of the injury. Claim Against Kylie Claim against Negligence When we consider the actions of Kylie (hereby referred to as Defendant 1), it is plainly visible that her actions were negligent as she had wandered outside of the school property and stood in the centre of the road. The operation was a disaster and although Cyril would never, have recovered from the toxidustocis, the consequences of the failed, operation have made his situation radically worse. You need to focus on the most important people in the question. See how an expert crafts Answers to 50 questions on Tort Law. Tough GCSE topics broken down and explained by out team of expert teachers, Learn the art of brilliant essay writing with help from our teachers, Get your head around tough topics at A-level with our teacher written guides, Start writing remarkable essays with guidance from our expert teacher team, Understand the tough topics in IB with our teacher written Study Guides, Learn the art of brilliant essay writing from our experienced teachers, Struggling with an assignment? You must remember to cover the main issues FIRST and then consider other secondary issues after. For legal causation, the claimant, must show that the defendant’s act made a significant and not trivial contribution to the, , that the damage was reasonably foreseeable. considering the second injury did not diminish Andrew’s loss. , the defendant should be liable for Mr Jobling’s reduced earning, capacities for life. Proximity also plays a role in deciding here, as one whole day had passed between the accident and the falling from the stairs, which shows that there is reason to hold that there was a gap inbetween. Learn the basics with our essay writing guide. After you sit down in your chair in the exam hall, don’t panic.
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