The homework this week should be formatted as an essay, and not as a response to each question. In formatting your essay, you should use the Issue, Rule, Analysis, Conclusion (IRAC) method. You must make full use of the facts, expert testimony and relevant law, including specifically using the “but-for” test.
Read carefully, think, and plan before writing your answers. Give yourself plenty of time to do a draft and then review and revise your draft into a polished finished product. Allow enough time to do this assignment well. You cannot do a good job if you wait until the last minute or think you can do this in an hour. This is a former exam question; it makes good sense to practice well before the midterm. For the class exercise you will be assigned roles or you may be put into juries. Bring a copy of your response or make sure you have access to it during the class exercise.
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Questions and order they should be addressed in your essay response:
- What is the soil engineer’s general professional duty of care? State fully the specific professional standard of care for the circumstances of this case that Haverley was obliged to follow.
- Did Haverley breach the standard of care? Why or why not?
- If you find that Haverley breached the standard of care, was his breach an actual cause of Maku’s death?
- If you find that Haverley breached the standard of care and was an actual cause of Maku’s death, was his breach a proximate cause of Maku’s death. Once again, make full use of the facts, expert testimony and relevant law, including specifically using the foreseeability test.
- Was Maku negligent in whole or in part for his own death? Make full use of the facts and relevant law, including comparative fault under the ordinary standard of care.