Problem

Read the following facts and answer the questions which follow

1. Rex organises a barbecue at his house to watch the telecast of the test match between Australia and India
2. Rex has a swimming pool in his back yard which has been emptied of water so repairs can be made.
3. Rex knows some of his guests have young children so he ties a rope around the empty pool and hangs several notices saying Danger Keep Out on the rope.
4. While the adults are watching the game on TV, several children easily slide under the rope while playing and one boy falls into the empty pool and breaks his hip.
5. At the hospital a surgical operation on the boys hip goes badly when the hospital does not take a full patient history and injects the boy with a drug to which he has an allergic reaction and he is left with a permanent limp.
6. The boys mother is a very nervous woman who had ambitions for her son to become a star cricketer; she suffers severe depression when she hears that her son will not be able to play cricket professionally because of his injuries. She has to give up her job as a shop assistant

If the injured boys father sues Rex on his sons behalf for the boys injuries (adults can as their childrens guardians) complete the table on the next page (using the snail case example in the lecture notes as a guide) to show how the FACTS in this case answer THE STANDARD LEGAL QUESTIONS to establish that there will be a successful negligence claim.

Analysing these facts to prove negligence

Legal question	Facts which satisfy the legal question
Question 1
Question 2

If Rex defends the claim by saying he roped off the pool and hung signs on the rope warning of the danger would you expect this defence to succeed? Explain WHY or WHY NOT

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Can the boys mother sue Rex for loss of income (from losing her job)? Explain WHY or WHY NOT

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NAME and explain a defence Rex might raise to claims brought by the boys father?

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Who else could the boys parents sue, other than Rex? ___________________________

Use the table to show how the FACTS answer THE LEGAL QUESTIONS to establish that there will be a successful negligence claim against the party you are suggesting

Legal question	Facts which satisfy the legal question
Question 1
Question 2