The question is attached under the name of (Question ‘File’). This is a UK English Tort Law Problem question. To answer the question please use the method IRAC. Which is Issue, rules, application and conclusion. Tort law is made from case law; therefore, you have to cite only UK case law that is relevant to the scenario. All the material need is attached in the PowerPoints and the documents.
The question states that “the experts differ on whether the bleeding, and resultant death, could have been prevented even if the condition had been diagnosed.” This means that the opinions of the experts are equally divided. Some experts believe that the bleeding and death could have been prevented if the condition had been diagnosed. Other experts believe that the bleeding and death would have resulted even if the condition had been diagnosed.
You should discuss all possible actions in tort that may arise from the factual scenario. Also, you should discuss all possible defences that may be applicable to the tort actions that may arise from the factual scenario.
For each issue you have identified, be sure that you have said something about each element or the tort, for example, duty and breach etc. Do not forget defences. If there are no defences apparent, then say so. To earn maximum marks, you need to spell everything out.
There are two ways regarding the use of cases. Using cases, the second way (when applying the rule to the facts) entails telling a few things about the case that you are relying on. This is where you might want to look harder for cases that seem relevant. This is not to say that there is any special case that you need to look for: we do not expect you to discuss, or even cite, any cases that cannot be found in the class materials. We just want you to make sure that you have left no stone (case) unturned.
We are looking for you to identify the issues, to state the law that applies (with citation to statute or case authority), to apply the law to the facts (perhaps with the help of a similar case to support your argument), and to come to a conclusion. The conclusion is the least important of these steps.
