Instructions:Readthefollowingproblemscenariosandanswerthefollowingquestions.Youmustuse the IRAC method when writing your answer and provide case authorities to support your arguments.

Question.

Messiwasatroubledteen.Hehadbeenplacedintofostercarewhenhewas6andhadbeentransferred tosevendifferenthouseholdsbythetimehewas17.Shortlyafterbeingplacedintheseventhhousehold, MessiwastransferredtotheNeymarChristianSchoolforBoys.Hequicklybecamenotoriousforbeing the bully of the school, stealing lunch money and stationary and often getting into fights with other students. On one occasion, Messi was sent to the Principal's office for bringing a pen knife to school. Thepenknifehadbeengiventohimasagiftbyhisfosterfather,Pele,andMessiwasshowingittohis friendsduringclasstimewhenhewascaught byRonaldo,theHeadBoy,whoreportedittotheirhome teacher.

Duringlunchtimes,theboyswouldoftengettogetherforafriendlygameofsoccer.Messiwasatalented playerandwasoftenchosentobetheCaptain.HismainopponentattheschoolwasRonaldo,whowas also a talented player and had been selected for the national soccer team. During a lunch time soccer game, a heated argument broke out between Messi and Ronaldo's teams. The boys on Ronaldo's team had been playingaggressively; oneplayer trippedMessi's friend,causinghimtohurthis ankle.Messi, whohadbeenplayingasgoalkeeper,ranoverwhenthefightbrokeout. Beforehereachedthefight,he was abruptly yanked backwards and fell down. When he turned to see who had hit him, a red-faced Ronaldocameuptohimandyelled,"Getyourteamtogethermate!They'reactinglikeabunchofgirls!" MessishovedRonaldowhothenfelldown.Enraged,Ronaldoscreamed"Younogoodworthlesspiece of crap! Crawl back to the sewer hole you came from you homeless rat!"

Messi, who had begun to walk away, swiftly aimed a kick at Ronaldo, who was still on the ground. Ronaldo had sufferedfromaboutofmalaria whenhe wasyounger,which in turn causedhisspleento

be prone to rupturing. The kick from Messi had caused Ronaldo's spleen to rupture - causing a large internalbleed.Unfortunately,whenhewasrushedtothehospital,therewasnodoctoronduty.Twelve hours after the incident, he was transferred to a private clinic. By this time, Ronaldo had gone into hypovolemicshock(causedbyseverebloodloss)whichcausedorganfailure.Asaresultofthedelayed treatment, one of Ronaldo's legs turned gangrenous (tissue death caused by the lack of blood) and had to be amputated. Ronaldo is permanently disabled and can no longer play soccer.

RonaldohasbroughtaclaimagainstNeymarChristianSchoolforBoysfortheharmthathesufferedas a result of being kicked by Messi.

1. AssesswhethertheSchool causedtheharmsufferedby Ronaldo.
2. Assuming that a duty of care, breach of that duty and causation has been established, assess whether the damages were too remote.