This section carries 50 marks.
INSTRUCTIONS: ANSWER ALL QUESTIONS. WRITE YOUR ANSWERS IN THE BOOKLET PROVIDED.
1. Read the following case study carefully and answer the questions that follow.
You are the lawyer for Audrey Lim, a training consultant. Last month, Ms Lim was involved in a car accident. As far as she is concerned, the traffic light was in her favour at the junction and she had the right of way.
According to Audrey, she vaguely recalled that, at the accident scene, the other driver, Mr Tan, mentioned that he had an in-car video recording device that would prove that she was the party at fault. He had strongly disputed Ms Lim’s version of the events, insisted that it was her speeding, and beating of the red light that had caused the accident. Mr Tan loudly proclaimed that he would be seeking damages from her. The disagreement got heated and Ms Lim claimed that she then told Mr Tan that she did not want to argue with an unreasonable person. According to her, Mr Tan also raised his voice, took many photos and claimed then that they would prove without a doubt who was the “guilty party”. As she did not have a camera then, she was unable to take any photos. Neither Ms Lim nor you have seen the video recording or photos that Mr Tan claims to have captured.
Your client, Ms Lim, suffered physical injury, was taken to hospital by ambulance following the accident and discharged after outpatient treatment on the same day. She suffered a mild concussion, and a cut on her head which required 6 stitches. This left a permanent 3-inch scar on her forehead. The hospital bill came up to $2,500. As the scar is visible, she plans to undergo cosmetic surgery to “fix” it. The market rate for such surgery ranges from $2,500 to $6,000.
Although the hospital did not diagnose any other injury, Ms Lim told you that she suffered pain and discomfort in her neck and back...
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