The homework should be formatted as an ESSAY, (NOT AS A RESPONSE TO EACH QUESTION).
In formatting your essay, you should use the Issue, Rule, Analysis, Conclusion (IRAC) method ATTACHED BELOW. You must make full use of the facts, expert testimony and relevant law, including specifically using the “but-for” test.
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.