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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Description
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.
