NAME
DATE
103
Make the Argument
In order for the judge or jury to render a decision, the following are some of the questions that
must be considered:
C
ASE: 13
You Be the Judge!
You Be the Judge!
1. Did the Board of Education owe a duty of care to Brian Nicholson? Explain.
2. Was the duty of care breached by the Board of Education for failing to take adequate precautions to protect
Brian Nicholson? Explain.
3. Was it foreseeable to the Board of Education that if they failed to take adequate precautions to protect minor
children, like Brian, in the playground, someone would get hurt? Explain.
4. Was the Board of Education's failure to take adequate precautions to prevent reworks at the school yard the
cause of the injury to Brian Nicholson? Explain.
5. What were Brian's injuries?
For Evaluation Purposes Only