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9. Boat Builders Ltd owned a boat that has 12. Ellie receives a text message from Tom that
been abandoned for two years. Gregory, her goddaughter, Mandy, was in a terrible
who is13 years old, was injured when the accident and had to be hospitalized. Ellie
boat fell on him as he tried to repair it. faints and falls breaking her wrist. Later she
learns that Ron’s dangerous driving caused
Which of the following is the legal position the accident involving Mandy.
of Boat Builders?
Which of the following options is available
(A) Not liable for the injury of Gregory to Ellie?
(B) Liable based on the doctrine of res
ipsa loquitur (A) She can succeed in an action
(C) Liable because the accident was against Ron for nervous shock
reasonably foreseeable (B) As Mandy’s godmother Ellie
(D) Not liable because the accident was qualifies as a foreseeable plaintiff
reasonably foreseeable (C) She cannot succeed in an action
against Ron for nervous shock
(D) Her position is not affected by
Items 10-11 relate to the following scenario. Mandy being her goddaughter
and not her daughter
Joe was driving towards town when his
vehicle skidded, mounted the pavement 13. Slander is actionable per se where the
and collided with Mary Brown who was defamatory statement
walking along the pavement. Mary Brown
is taken to the General Hospital where she I. imputes incompetence of a doctor
dies two days later. An autopsy reveals that II. suggests that a married woman is
she dies from an overdose of antibiotics adulterous
which were administered to her by various III. causes the plaintiff to be shunned
nurses at the General Hospital. from a social group

10. Mary Brown’s personal representatives can (A) I and II only
bring an action against Joe in the tort of (B) I and III only
(C) II and III only
(A) assault (D) I, II and III
(B) negligence
(C) recklessness 14. D says to E, “If you do not leave my
(D) manslaughter daughter alone, I will shoot you.” Which
of the following BEST states the legal
position?
11. What concept in tort can Joe adequately
advance to absolve him from liability for (A) D commits an assault on E
the death? because E is in fear of D.
(B) D does not commit an assault on
(A) Non est factum E because E is bigger than D.
(B) Res ipsa loquitur (C) D commits an assault on E
(C) Volenti non fit injuria because E does not intend
(D) Novus actus interveniens to leave D’s daughter alone.
(D) D does not commit an assault
on E because there is no
immediacy about D’s threat.

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02231010 CAPE/SPEC 2017