Question 1. Consider each of the following fact situations and suggest whether or not causation is present:

a.

A person was sitting in a stationary car that was hit from behind by another car. He was thrown forward and struck his head on the steering wheel. The collision resulted only in minor damage to the vehicles and minor injuries to the driver of the second car. The accident triggered a benign growth that developed into an inoperable malignant tumour in the first driver. Is the driver of the second vehicle liable for the benign tumour becoming malignant?

b.

A person was hospitalised after injuring himself at work. Owing to a pre-existing brittle bones condition, he fractured his leg while in hospital. This more than doubled the amount of time he had to spend in hospital and, as a result, his expenses were high. Is the employer liable for the injuries received while the employee was in hospital?

c.

While police were pursuing a thief, a decayed tree fell on to the police car. Is the thief responsible for the damage to the police car and its occupants?

The case problem questions should be answered using the PIRAC method.

PIRAC is an acronym for the following four steps:

1.Identify the PARTIES

2.Identify the ISSUE or ISSUES raised by the problem;

3.Identify the legal RULES that may apply to the problem;

4.Analyse the facts/issues with reference to the legal rules and APPLY the legal rules to them; and

5.CONCLUSION-what is your advice to the party or parties in the problem