Miawatson2
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On Wednesday 30 September 2015 Marco went to a party at Fred’s house. While at the party he asked to use the bathroom. Fred told him that it was “upstairs on the left”. Marco found the bathroom but, upon leaving it, he could not resist looking into another room, the door of which was partly open.When he entered the room he saw Fred’s girlfriend, Fifi, who was sitting on the bed, naked, painting her toenails. Fifi screamed; Marco apologised and turned to leave the room. In doing so he tripped over a wet towel left on the floor, fell down the stair and broke his leg.Marco believes he is entitled to compensation for the injury caused to him, which he thinks was caused by Fred’s negligence. Fred believes that he should not be liable because Marco had no business being in the room in the first place.You represent either Marco or Fred. Your task is to prepare an outline argument, specifying your main points in support of your client. You should have a maximum of three main points. Each point should be supported by reference to relevant cases and/or legislation.

Any suggestions?
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Architecture-er
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(Original post by Miawatson2)
On Wednesday 30 September 2015 Marco went to a party at Fred’s house. While at the party he asked to use the bathroom. Fred told him that it was “upstairs on the left”. Marco found the bathroom but, upon leaving it, he could not resist looking into another room, the door of which was partly open.When he entered the room he saw Fred’s girlfriend, Fifi, who was sitting on the bed, naked, painting her toenails. Fifi screamed; Marco apologised and turned to leave the room. In doing so he tripped over a wet towel left on the floor, fell down the stair and broke his leg.Marco believes he is entitled to compensation for the injury caused to him, which he thinks was caused by Fred’s negligence. Fred believes that he should not be liable because Marco had no business being in the room in the first place.You represent either Marco or Fred. Your task is to prepare an outline argument, specifying your main points in support of your client. You should have a maximum of three main points. Each point should be supported by reference to relevant cases and/or legislation.

Any suggestions?
Firstly defining tortious liability is a good start - also which client are you going to represent?
I would imagine (or at least hope) that in the real world the case would be thrown out immediately, on the basis that when Fred/Fifi dropped the towel, they had no reason to believe it would pose a hazard to anyone
Secondly Marco was trespassing
Thirdly he would've seen the wet towel as he came up the stairs, so I imagine a good lawyer could argue that he knew of the towel's existence and his tripping was due to Fifi screaming, not of the obstruction being in a deviously-placed location.

On Marco's side I guess you would argue the towel was in a public passage (assuming it was on top of the stairs), and so carelessness like that before a party (when Fred knew extra people would be in the house) was negligent
Secondly if Marco was financially put out by the incident that would lend weight to him, ie if he is self-employed, can't do his job, needs to hire someone to help him around, whatever
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Miawatson2
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(Original post by Architecture-er)
Firstly defining tortious liability is a good start - also which client are you going to represent?
I would imagine (or at least hope) that in the real world the case would be thrown out immediately, on the basis that when Fred/Fifi dropped the towel, they had no reason to believe it would pose a hazard to anyone
Secondly Marco was trespassing
Thirdly he would've seen the wet towel as he came up the stairs, so I imagine a good lawyer could argue that he knew of the towel's existence and his tripping was due to Fifi screaming, not of the obstruction being in a deviously-placed location.

On Marco's side I guess you would argue the towel was in a public passage (assuming it was on top of the stairs), and so carelessness like that before a party (when Fred knew extra people would be in the house) was negligent
Secondly if Marco was financially put out by the incident that would lend weight to him, ie if he is self-employed, can't do his job, needs to hire someone to help him around, whatever
Thank you!!
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Architecture-er
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(Original post by Miawatson2)
Thank you!!
No probs ^^

Not a law student though (before you copy me verbatim), I studied tortious liability through the construction lens - but hopefully it helps you pry it open
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yastyb
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What this learned person has told you is correct, in the abstract. Don't forget however that those were very general guidelines. I think it would be more appropriate to take the correct propositions that Architectuer-er has given you and look over the 84 act and relevant case law. There are some constitutive elements attractive of liability which you must be more 'on-point' about. An example would be how much knowledge should the person have and whether it could be expected that the trespasser would trespass at that particular time. Also make sure you identify the different factors pertaining to each category of liability. In your case it would be whether the duty arose and if so, whether there was a breach. Another example is to attempt to be more precise than 'he had no reason to believe', but only in terms of legal jargon. Otherwise, what Architectuer-er is great for a non-law student. He in fact gave you that disclaimer before engaging the question.

Good Luck!
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Miawatson2
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(Original post by yastyb)
What this learned person has told you is correct, in the abstract. Don't forget however that those were very general guidelines. I think it would be more appropriate to take the correct propositions that Architectuer-er has given you and look over the 84 act and relevant case law. There are some constitutive elements attractive of liability which you must be more 'on-point' about. An example would be how much knowledge should the person have and whether it could be expected that the trespasser would trespass at that particular time. Also make sure you identify the different factors pertaining to each category of liability. In your case it would be whether the duty arose and if so, whether there was a breach. Another example is to attempt to be more precise than 'he had no reason to believe', but only in terms of legal jargon. Otherwise, what Architectuer-er is great for a non-law student. He in fact gave you that disclaimer before engaging the question.

Good Luck!
Okay, thank you very much
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