Question:

What is a hard question that could be asked about legal negligence.?

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I have to make up a question to ask the class about legal negligence. It has to be reasonably hard. Thanks!

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  1. Do something where the duty owed is questionable.

    i.e. An olympic swimmer is staying at a resort and laying by the pool. A three year old is running around the pool and falls in. The child can't swim and the olympic swimmer can easily save the child, but decides not too jump in, because the swimmer is sick of swimming. The child drowns. The childs' parents sue the swimmer and resort in negligence for wrongful death. And the resort cross-claims against the swimmer. The swimmer calims she breached no duty, and the resort claims contributory negligence.  Explain the rights of the parties.

    -Resort--Breached duty

    -Swimmer-=No breach even though it seems like she has a duty because she has a special skill.

    -Parents--Probably not contributorily negligent.


  2. This has been my personal favourite for a few years as it has the advantage of reality

    Here is the headnote from the actual case:

    Collision between motor vehicle and motor cycle at intersection in vineyard - give-way rule within vineyard - motor cycle carrying pillion passengers - driver of motor cycle failing to observe give-way rule - driver of motor cycle failing to keep sufficient lookout - driver of motor cycle travelling too fast - driver of motor cycle acting in breach of duty of care to pillion passenger - contributory negligence of pillion passenger - failure of pillion passenger to wear a safety helmet - vicarious liability of employer for conduct of employee - failure of employer to act on previous near accidents - whether necessary to bar entry to vineyard with gates - failure of employer to remove blind corners in vineyard - whether road within vineyard a public road

  3. "What colour underwear was the President wearing when this act was signed into law."

    That should stump them.

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