Question on Negligence Paper

Question

Silverline Construction Ltd built a school. Shortly after completion, when Emma was walking by, several roof tiles slipped from the roof and smashed on the ground in front of Emma. Flying debris hit Emma causing serious facial injuries and concussion. Emma could not carry out her job for 6 months, due to her injuries and was scared to leave the house for several weeks following the incident.

(a) Does Emma have a cause of action in negligence against Silverline Construction Ltd?

(b) If Silverline are found to be negligent, for what losses would Emma be able to claim?

50 marks

NB: The explanation of why/how you have come to your answer for each part of this question is considerably more important than the answer itself. Marks will be awarded for identification of the relevant cases and/or statute(s) and for the application of the law to the facts as stated in the question. Marks are also awarded for logical presentation.

Also note that part b is worth considerably less than part a (approx. 40/10). You may prefer to write the answer as one full essay rather than splitting it into 2 answers.

Word count guidance: 1000 words (+- 200). Please note that this is for guidance and is not a definite limit.

All referencing should be in the text or in the footnotes, so no bibliography is required.

Marking scheme:

Identifying, explaining and citing the relevant law 20

Application of the law to the facts as stated in the question 25

Logical structure and comprehension 5

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