Highlights
Task:
Instructions:
Pick 2 lawsuits from Group A and 1 lawsuit from Group B (3 lawsuits in total).
Group A (5 marks each): (Pick 2) - Amy v. Ninja Construction - Tariq v. Ninja Construction - Zachery v. Ninaj Construction
Group B (5 marks): (Pick 1) - Sarah v. Justin - Zachery v. Justin - Amy v. Justin
You are the judge in each of the lawsuits and must decide whether the plaintiff in each case should win their case. In your analysis, please discuss how the 2-step test for determining negligence applies in the case.
Does the situation fall within any recognized category of relationship where a duty of care has previously been recognized or is it closely analogous to a recognized category. 2. If not, the court looks at the following: - Foreseeability of damage to the plaintiff. - Proximate relationship between the parties (closeness & directness of the relationship) - physical closeness, social closeness, circumstantial closeness & causal closeness.
You must also discuss manufacturer's/product liability, where it is applicable. You must also apply the Thin Skull Rule and/or the principles on nervous shock, if the circumstances warrant their application.
Spelling and grammar: Marks will be deducted if there are more than 3 spelling and/or grammatical errors in your assignment. Mark deductions range from 1 to 5 marks.
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