Explain what is meant by mitigation of loss

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Reference no: EM133451277

Case Study: The principal of the Bright Future High School has decided to have trees planted on a playground where the energetic schoolboys play every day. To protect the young trees, circles of thin iron poles are driven into the ground surrounding the plants. During the first break, Tim, one of the boys in grade twelve, tries to sit on one of these poles. His friends warn him that the pole is too thin and has a too sharp tip, but he nonetheless tries to sit on it. The pole penetrates his buttocks and causes a serious injury.

Tim's parents institute a delictual action against the Bright Future High School for its omission to guard against the poles injuring the schoolboys. If the management of the school concedes that the omission was wrongful, what defence can the school nonetheless raise and what will the effect of a successful reliance on that defence be? Discuss in detail. (15)

QUESTION : Rob is so offended by Roy's speech at a political rally, that he throws an apple at Roy. Roy falls off the podium and breaks an arm and two ribs. He is admitted to hospital. While he is being treated there, a nurse leaves the windows of the ward open and Roy contracts pneumonia. Was there a legal causal link between Rob's conduct and Roy's pneumonia? Discuss in detail. (15)

QUESTION

1 Briefly explain what is meant by "mitigation of loss".

2 List three specific forms of iniuria.

3 Brad's dog bit Cecile. Brad was in no way negligent in respect of Cecile's injuries. Name the delictual action that may still be available to Cecile, and list four requirements for a successful reliance on the said action.

Reference no: EM133451277

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Explain what is meant by mitigation of loss : explain what is meant by "mitigation of loss". List three specific forms of iniuria. Brad's dog bit Cecile. Brad was in no way negligent in respect

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