Convincing Features
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Please answer in essay form using the ILAC format.
At a university sports festival, Sarah and Aina got into a disagreement. In frustration, Sarah picked up a hockey stick and swung it “as a warning,” stopping the swing only a few centimetres from Aina’s head. Aina froze in fear.
Later, when Aina tried to walk away, Sarah threw a water bottle towards her. It hit Aina’s shoulder, causing bruises. The organisers argue that because the incident happened during a sports event, “accidents happen” and no liability should arise.
Discuss Sarah’s potential liability in tort.
(20 marks)
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