Advice for Tort Problems (1 Viewer)

kingofpain

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Does anyone have any advice as to how to go about answering Torts problems? My tutor just wasn't very helpful, and by casebook doesn't give very good options, but I assume some structure is needed. Does anyone have any mothod of answering tort problems? Thanks!
 

Frigid

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since Torts and Beginner's Mooting at UNSW go hand-in-hand, a lot of us have been taught to answer Tort problems by proving/disproving the elements of negligence... so yeah, duty, breach, causation, remoteness, defences. of course, in an exam there will be application of statute law.

but if you follow the steps it should give your problem answer a decent structure. :)
 

seremify007

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I'm also interested... even though I don't do law; we have to do stupid torts for LEGT1711 *sniff sniff*
 

hYperTrOphY

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I just had my Torts exam today! The approach I took was simply to discuss the elements that make up the tort. For negligence: duty; breach; damage (causation/novus actus/remoteness); defences; assessment of damages.

Similarly, for intentional torts, I just went though each of the relevant elements: conduct (direct act); fault (intentional/negligent); damage (actionable per se); defences; remedies.
 
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Tom Ruprecht

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If its a problem question, treat the same people at the same time.

so you don't have to repeat your tests for another person who suffered the same injury. all you have to do is point out what's different for the second person.

e.g. if they are a weakling and have really low fortitude and a reasonable person in defendant's position would have been aware etc...
 

melsc

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hYperTrOphY said:
I just had my Torts exam today! The approach I took was simply to discuss the elements that make up the tort. For negligence: duty; breach; damage (causation/novus actus/remoteness); defences; assessment of damages.

Similarly, for intentional torts, I just went though each of the relevant elements: conduct (direct act); fault (intentional/negligent); damage (actionable per se); defences; remedies.
I had mine yesterday, I thought it was better than the intro exam by heaps, Hypertrophy :D . Make sure you read the question properly, I almost advised the wrong person :santa:

First I drew out all the cases/type of case then I discussed the number of actions the person was subject to and what type they were. Then I went through each action using headings for each element, explained the element followed by an authority and then summarised what the outcome would be for the client e.g.

X v Y - Vicarious Liability
X needs to prove 1.Wrongful act by the employee , 2. the existance of employee/employeer relationship, 3.The act occurred during the course of employment.

1. Wrongful act by the employee
Duty
X needs to prove that Z owed them a duty of care....

Breach

Damage

Defences

2. the existance of employee/employeer relationship
etc...


I dont know if that's the best way but it helped me do it systematically and make sure I ticked off on everything...

With ones like the intentional torts one where there are lots of causes of action make sure you take the time to plan your response and tick off each one as you go along, that also helps you to make sure you have the right plaintiff / defendant, cause of action and type

Good luck :)
 

hYperTrOphY

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X v Y - Vicarious Liability
X needs to prove 1.Wrongful act by the employee , 2. the existance of employee/employeer relationship, 3.The act occurred during the course of employment.

1. Wrongful act by the employee
Duty
X needs to prove that Z owed them a duty of care....

Breach

Damage

Defences

2. the existance of employee/employeer relationship
etc...
Is that an example format, or the one you actually used in the exam? For the first question we weren't meant to discuss defences. Also, did you assess the damages for the plaintiff?
 

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