hYperTrOphY said:
I just had my Torts exam today! The approach I took was simply to discuss the elements that make up the tort. For negligence: duty; breach; damage (causation/novus actus/remoteness); defences; assessment of damages.
Similarly, for intentional torts, I just went though each of the relevant elements: conduct (direct act); fault (intentional/negligent); damage (actionable per se); defences; remedies.
I had mine yesterday, I thought it was better than the intro exam by heaps, Hypertrophy
. Make sure you read the question properly, I almost advised the wrong person
First I drew out all the cases/type of case then I discussed the number of actions the person was subject to and what type they were. Then I went through each action using headings for each element, explained the element followed by an authority and then summarised what the outcome would be for the client e.g.
X v Y - Vicarious Liability
X needs to prove 1.Wrongful act by the employee , 2. the existance of employee/employeer relationship, 3.The act occurred during the course of employment.
1. Wrongful act by the employee
Duty
X needs to prove that Z owed them a duty of care....
Breach
Damage
Defences
2. the existance of employee/employeer relationship
etc...
I dont know if that's the best way but it helped me do it systematically and make sure I ticked off on everything...
With ones like the intentional torts one where there are lots of causes of action make sure you take the time to plan your response and tick off each one as you go along, that also helps you to make sure you have the right plaintiff / defendant, cause of action and type
Good luck
