Sunday, February 3, 2019
Negligence Case Study Essay -- Law of Tort, Tort Law
Review the scenario below. Consider the legal principles influencing the likeliness of any successful action against Steve in negligence. Daria and her lover, tom turkey, were crossing the road on a pedestrian crossing when tom was hit and killed by a car being negligently driven by Steve. The car lost(p) Daria by inches. Since the adventure Daria has had frequent nightmargons and has been unable to blow over to work.Harry, a military officer patrolling the area, witnessed the incident and went to try to help Tom, but quickly realised that Tom was already dead. This was Harrys first day back at work following six months recovering from psychiatric illness caused by the distressing nature of his job. As a result of seeing Toms injuries Harry has now suffered a return of the psychiatric constipation which now appears permanent.Samira, a civilian worker in police concern control, was watching a TV monitor which showed the road as the incident occurred. Samira recognised Tom as her husband whom she had not seen since the day, six months before, when he had left her and gone to live with Daria. Samira had always believed that, one day, he would return to her. She has suffered post traumatic stress dis golf-club since the incident.------------------------------------------------------------------------------------In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steves negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti... ...rameters and every the aspects of the law that appear in our given scenario we can safely place that any claim that is being made by Toms representative by Daria and Samira on the grounds of negligence brea ch of certificate of indebtedness of care and psychiatric injury would be successful and that even though Harry suffered psychiatric injury his claim wont be successful since he doesnt fulfill the necessary parameters in order to make a successful claim.BibliographyNeal Geach, Question & Answer Tort right, PearsonLaw of Tort, Module Handout.CasesFrances Quinn, Tort Law, Pearson, first edition, pp 34-35Caparo v Dickman (1990) 2 A.C. 605Page v Smith 1996 1 A.C. 155Bourhill v Young 1943 A.C. 92Alcock v Chief Constable of South Yorkshire 1992 1 A.C. 310Hinz v Berry 1970 1 All E.R. 1084White v Chief Constable of South Yorkshire jurisprudence 1999 2 A.C.455
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