SAC AttackQuestions:
1. Describe the process of law-making through the courts (8 marks) 2. Consider the law of tort and Read the case to the right 'Scalding Coffee' to answer the questions below: a. List the torts that might be relevant to this case and explain what has to be proved for each tort. Show how the elements of these torts can be applied to the case (8 marks) b. explain on defence that is applicable for each type of tort mentioned in question 2a (4 marks) 3. List three types of dispute resolution methods that could be used in this case. What are their strengths and weaknesses (9 marks) 4. Should this case go to court what two types of compensatory damages might be awarded? How effective do you you think each of these damages might be? (4 marks) |
Scalding CoffeeA young man who works as a model purchases a coffee and donut from the local donut shop on his way to work. As he is exiting the drive-through, a squirrel runs in front of his car, forcing him to stop abruptly. The hot coffee, which had been placed in a cup holder in front of him, splashed off the lid and hot coffee spilled onto his legs and hips causing serious burns. The young man had to undergo extensive surgery, which came to $25,000 and he has been unable to find modeling work because of his injuries. He does not have $25,000 for his surgery bills. The donut shop is part of a well-known chain and has had at least 30 prior complaints about the unusually high temperature of its hot beverages. The donut shop says it serves its coffee at the same temperature as McDonalds and that the server had put the coffee in a protective sleeve which contained a number of written warnings on it. Unfortunately, when the media got a hold of the story and paid a surprise visit to the shop to ask about what happened, the donut shop management panicked and made some derogatory comments about the young man. These comments have now angered many members of the public.
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Case Study 2 - Medical NegligenceEarlier this year, the Kowalcyzk family sued the Royal Children’s Hospital, alleging negligence by the hospital and its staff. Their baby daughter, Venice, who was nine months old at the time, was not checked for meningococcal disease (inflammation and infection of the brain) when she was taken to the hospital on 23 July 2004 with a fever and other symptoms of being unwell. She was sent home after several hours, but the family returned to the hospital the following day. While they were waiting to be seen, Venice fell unconscious and was eventually diagnosed with meningococcal disease. She had both legs and some fingers amputated as a result, and now has special needs.
Read the articles below, which provide further information about the case, and then answer the questions to the right: · http://www.theage.com.au/victoria/family-sues-hospital-after-girl-loses-hand-and-feet-20130422-2i9zn.html http://www.abc.net.au/news/2013-04-22/children27s-hospital-sued-over-meningococcal-case/4643696 |
Questions for case study 2a.) Considering each element of the tort of negligence, do you think that the defendant (the hospital) would have been found liable in this matter? Explain your answer.
b) The parties in this case reached a confidential settlement about three days into the trial. Read the following article and then answer the questions below: http://www.theage.com.au/victoria/hospital-agrees-to-payout-in-meningococcal-case-20130426-2iit6.html. i. What does it mean to ‘settle’ a case? ii. Why do you think the hospital agreed to settle this case? How did it do this? iii. The article refers to some of the ongoing medical expenses that Venice will have. What sort of damages would the family seek for these expenses? iv. What other factors would have been taken into account in the amount of damages that the Kowalcyzk family would have been seeking in this case? v. Do you think it is common for civil negligence cases to settle before (or during) a trial? Why/why not? |