how to structure the answer for the assessment- activity 1

Question 1

introduction

Answer 1

• outline that the case is based on negligence of some kind
• state how the burden of proof is established
• link this all the scenario

Question 2

duty of care

Answer 2

• state how the Neighbor principle links to the case
• explain the caparo test and link to the case study
• state if there is a duty of care in the case and justify this

Question 3

breach of said duty

Answer 3

• state the objective test (reasonable persons test)
• state risk factors
• link all risk factors and reasonable persons tests to the case

Question 4

damages

Answer 4

• state factual causation, remoteness of damage and the thin skull rule. link all to the case
• only state them if necessary
• link everything to the case

Question 5

how can the claim be challenged

Answer 5

-look at the details of the case and your notes to see if there are any contradictions

Question 6

likely success of the case?

Answer 6

-reference previous cases and state whether why it may be successful and why it may not be successful