pls exam help needed
im doing law of tort (209) at Liverpool. i got a problem question exam, for negligence. can anyone provide me a good structure to write a answer, I know I gotta use headlines, and duty of care, breach and causation, but like a actual format, do I start with defening what negligence is etc. to get the highest marks. I'm not trying to cheat or anything because we been given the exam question 2 weeks in advance to prepare. so ill put the exam question to, if you guys can help me out with any ideas, or anything they trying to trick with etc, pleaseee help
Answer the following question:
Bassett runs an outdoor activities centre that is popular with hikers. Wooster is a keen
mountaineer and visits the centre with his friend, Jeeves. They decide to go on a guided hike
with Bassett. Before departing, Bassett gives a safety briefing and warns that ‘The outdoors
can be dangerous sometimes.’ Unperturbed, Wooster and Jeeves set off.
During the hike, Bassett brings Wooster and Jeeves to a 60-metre (200-foot) rock face known
as ‘The Witch’s Wall’. Jeeves lacks climbing experience, but Bassett tells him that the climb is
easier than it looks. Bassett hands both men a length of rope, a harness, and a carabiner.
Jeeves asks if he can also wear a helmet, but Bassett failed to bring any with him. Wooster,
who has won climbing competitions, reassures Jeeves that a helmet is not necessary, and, in
any case, it would impede their view of the beautiful mountain scenery.
Jeeves begins to climb first and reaches the top without incident. Wooster then follows and
climbs about 5 metres (16 feet) when his carabiner buckles. Wooster falls and suffers a serious
head injury.
Jeeves rings for an ambulance. When the paramedics arrive, they find that they do not have
the right equipment to reach Wooster. They contact the mountain rescue service, which
dispatches a helicopter to airlift Wooster to hospital. The pilot misreads the location’s co-
ordinates and initially goes to the wrong place. By the time the helicopter arrives, more than
two hours have elapsed since Wooster’s fall. The mountain rescue team lifts Wooster onto a
stretcher secured to the helicopter by a winch. As the helicopter is leaving the scene, the pilot
is careless and the stretcher collides with The Witch’s Wall. Wooster suffers a broken leg in
the impact.
When Wooster arrives at hospital, a doctor finds that he has a subdural haematoma. If he had
arrived at the hospital within an hour of his fall, Wooster would have had a 95% chance of
making a full recovery. Owing to the delay, that chance was reduced to 45%. Wooster is
eventually left with permanent brain damage. Medical evidence suggests that it is possible
that Wooster’s injuries would have been less serious if he had been wearing a helmet at the
time of the accident.
It later transpires that the carabiners Bassett supplied to Wooster and Jeeves were designed
for a children’s swing set and could only bear a maximum weight of 50kg (110lbs). Wooster
weighed 75kg (165lbs) at the time of the accident. According to industry guidelines, carabiners
used for climbing should be able to withstand weights of up to 2,000kg (4,409lbs). Despite
this, Bassett insists that it is common practice to use lighter-duty carabiners for climbs of up
to 100 metres (328 feet) and that it is well known that the 50kg clips are stronger than is
claimed. Bassett says that he has been a climbing guide for over 20 years and has always
used lighter-duty carabiners on The Witch’s Wall. They are cheaper to maintain and easy to
use. Moreover, the carabiners have only buckled three times out of tens of thousands of
climbs. Besides, Bassett says that Wooster knew the risks and would not have worn a helmet
in any case.
In the weeks following the accident, Jeeves begins to suffer from nightmares and anxiety. He
has struggled with the realisation that it could just as easily have been his carabiner that gave
way. Jeeves’ doctor has referred him for counselling.
Advise Wooster and Jeeves as to any claims they may have in negligence.
Answer the following question:
Bassett runs an outdoor activities centre that is popular with hikers. Wooster is a keen
mountaineer and visits the centre with his friend, Jeeves. They decide to go on a guided hike
with Bassett. Before departing, Bassett gives a safety briefing and warns that ‘The outdoors
can be dangerous sometimes.’ Unperturbed, Wooster and Jeeves set off.
During the hike, Bassett brings Wooster and Jeeves to a 60-metre (200-foot) rock face known
as ‘The Witch’s Wall’. Jeeves lacks climbing experience, but Bassett tells him that the climb is
easier than it looks. Bassett hands both men a length of rope, a harness, and a carabiner.
Jeeves asks if he can also wear a helmet, but Bassett failed to bring any with him. Wooster,
who has won climbing competitions, reassures Jeeves that a helmet is not necessary, and, in
any case, it would impede their view of the beautiful mountain scenery.
Jeeves begins to climb first and reaches the top without incident. Wooster then follows and
climbs about 5 metres (16 feet) when his carabiner buckles. Wooster falls and suffers a serious
head injury.
Jeeves rings for an ambulance. When the paramedics arrive, they find that they do not have
the right equipment to reach Wooster. They contact the mountain rescue service, which
dispatches a helicopter to airlift Wooster to hospital. The pilot misreads the location’s co-
ordinates and initially goes to the wrong place. By the time the helicopter arrives, more than
two hours have elapsed since Wooster’s fall. The mountain rescue team lifts Wooster onto a
stretcher secured to the helicopter by a winch. As the helicopter is leaving the scene, the pilot
is careless and the stretcher collides with The Witch’s Wall. Wooster suffers a broken leg in
the impact.
When Wooster arrives at hospital, a doctor finds that he has a subdural haematoma. If he had
arrived at the hospital within an hour of his fall, Wooster would have had a 95% chance of
making a full recovery. Owing to the delay, that chance was reduced to 45%. Wooster is
eventually left with permanent brain damage. Medical evidence suggests that it is possible
that Wooster’s injuries would have been less serious if he had been wearing a helmet at the
time of the accident.
It later transpires that the carabiners Bassett supplied to Wooster and Jeeves were designed
for a children’s swing set and could only bear a maximum weight of 50kg (110lbs). Wooster
weighed 75kg (165lbs) at the time of the accident. According to industry guidelines, carabiners
used for climbing should be able to withstand weights of up to 2,000kg (4,409lbs). Despite
this, Bassett insists that it is common practice to use lighter-duty carabiners for climbs of up
to 100 metres (328 feet) and that it is well known that the 50kg clips are stronger than is
claimed. Bassett says that he has been a climbing guide for over 20 years and has always
used lighter-duty carabiners on The Witch’s Wall. They are cheaper to maintain and easy to
use. Moreover, the carabiners have only buckled three times out of tens of thousands of
climbs. Besides, Bassett says that Wooster knew the risks and would not have worn a helmet
in any case.
In the weeks following the accident, Jeeves begins to suffer from nightmares and anxiety. He
has struggled with the realisation that it could just as easily have been his carabiner that gave
way. Jeeves’ doctor has referred him for counselling.
Advise Wooster and Jeeves as to any claims they may have in negligence.
(edited 3 months ago)
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