Legal Case: Establishing Negligence and Defenses

Question 1

Question 1
Jenny wants to file a police report to let the Public Prosecutor to investigate if there is a criminal charge. At the same time, she also filed a civil case against Rob. Explain why it is possible to have two separate law suits for one case and identify where this civil case should be filed? (5 Marks, 200-250 words)
Question 2
Discuss how you would advise Jenny in establishing the THREE elements of Negligence against Danny. Cite common law cases to support your argument.  (10 Marks, 400-500 words)
Question 3
Choose the TWO best defences that Danny can raise against the claim of Negligence against him. Cite common law cases to support your argument. (10 Marks, 400-500 words)
Question 3
Choose the TWO best defences that Danny can raise against the claim of Negligence against him. Cite common law cases to support your argument. (10 Marks, 400-500 words)
Question 5
If you were the judge, what would be your decision on this case? Explain the 

rationale behind your decision. (5 Marks, 200-250 words)
Question 4
What should Danny have done immediately after the accident to manage the situation professionally? (10 Marks, 400-500 words)