David injures his knee. After medical consultation, it is decided that an operation is required to repair the damage to David’s knee.

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Question 1 (800 words)

David injures his knee. After medical consultation, it is decided that an operation is required to repair the damage to David’s knee.

Prior to carrying out the operation at David’s local hospital, the operation and associated risks were discussed with David by the medical team. David agrees to the operation going ahead and signs the medical consent form.

After the operation, David’s knee becomes severely infected. Upon investigation, it is discovered that a medical swab has accidently been left in the knee. This has caused the infection which leads to David’s leg being amputated above the knee.

David seeks legal advice and notifies the hospital of his intention to sue for damages.

(a)  Identify, with justification, the tort relevant to David’s situation.

 

(b)  Identify the most likely defence the hospital could rely on to respond to David’s claim.

 

Question 2 (800 words)

Hayley has purchased a ticket to see her favourite singer in concert. The singer is performing 50 miles away from Hayley’s home. To attend his concert, Hayley separately booked and paid for train tickets. The concert is cancelled three days before it is due to take place because the singer is unwell.

Hayley seeks a refund, for both the cost of the concert ticket and the cost of the train tickets, from the concert promoter.

(a)  Explain, with justification, whether Hayley is entitled to recover the cost of the concert ticket.

 

(b)  Explain, with justification, whether Hayley is entitled and the cost of the train tickets.

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