Be systematic in your approach.
P=Plaintiff; D=Defendant
You shoud consider tyoing this out and should have as much detail as possible so to make your understanding of the case clear.
1. Does P have a cause of action against D? P can only have a cause of action if D acted negligently. How do you know that D acted negligently? Use the concepts of duty of care to indicate what the duty of care was and if or how it was breached.
Does it matter if P is alive or dead? Not really! But how do you know? What references will you need to prove this fact? See notes on Estate Administration Act. Read the relevant section carefully. Go to the website for more if you think it is necessary. In the case of Ps death, who would have to take on the role of P?
2. Discuss remoteness by discussing each potential D and his relationship to P. Discuss the reasonableness of foreseeability for each D with respect to his/ her actions towards P. This is important in terms of damages.
3. Discuss the types of claims and possible amounts of claims. Allocate claims according to your perceived level of guilt on the part of each D.
4. Discuss ability to pay on the part of each D. If D is unable to pay for reason of lack of funds, litigation may succeeed but there would be no gain.
5. Counter claims by D. In your opinion, would each D be able to make a counterclaim against P in order to minimize any claims P might have against each D?
Terms and concepts that would be appropriatye to be used would include: social host liability, vicarious liability, strict and absolute liability, due diligence, assault, battery, false imprisonment.
