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Using the stated facts, answer the following questions. FULLY EXPLAIN your answers to get full marks.
1.Who is the Plaintiff and who is the Defendant?
2.What is the name of the pleading document (as discussed in class) that Dolly needs to file to initiate her action?
3.Based on the information given, in what Court will Dolly file her claim and why? If this case were to be appealed, to which court would it be appealed?
4.Identify a realistic alternative method for successfully resolving this dispute. Explain your choice.
5.What is the legal test, (as discussed in the textbook and in class) the court will use to decide whether or not a ‘duty of care’ is owed in tort law? Using this test and the facts, fully explain whether FOMO owes Dolly a duty of care?
6.What is the appropriate test for identifying whether or not the defendant breached their required standard of care? Please be sure to clearly state the appropriate standard(s).
7. Based on the stated facts, identify 3 ways in which Dolly can allege that FOMO breached its standard of care?
8.Were Dollys injuries caused by FOMO? Articulate the correct legal test you would use, and explain your answer.
9.Are Dollys damages too remote?
10.What is the legal principle by which FOMO can be held liable for their employee’s inattentiveness?
11.Explain the difference between special and general damages. Please use examples from the facts in your explanation, including amounts.
12.What two defenses are available to FOMO? Based on the facts, do you believe FOMO can successfully apply either these defenses? Please explain your answer fully by discussing both possible defences.
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