• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Advise the potential claimants on any claims in negligence they might have.

Extracts from this document...


Kylie MEADE-RICHARDS LLB Law Year 2 Obligations 2 Assessment 2 Word Limit; 1300 Advise the potential claimants on any claims in negligence they might have. Bushco own a fleet of tankers which deliver fuel to garages throughout the UK. One morning Geoff, one of Bushco's drivers, is talking on his mobile phone, contrary to Bushco's express instructions. Alfie, a seven year old boy, whose mother has sent him out to play on the pavement, runs out into the road after his football. Distracted by his telephone conversation Geoff only sees Alfie at the last minute. He skids causing the tanker to overturn. Both Geoff and Alfie's mother, who sees the incident out of her window, believe that Alfie has been crushed under the overturned tanker. In fact Alfie is unhurt and runs away thinking he will get into trouble. Sigmund, a passer-by, crawls under the overturned tanker looking for Alfie and is severely hurt when a part of the tanker weakened in the accident collapses. Even though Alfie soon turns up both Geoff and Alfie's mother are traumatized and subsequently suffer nervous breakdowns. Meanwhile diesel oil leaks from the tanker onto the road. ...read more.


Also Dunan v. British Coal Corp (1997)17 tells us that if Sigmnund can statisfy the test for a secondary victim he can recover damages. Sigmnund was present at the time of the accident, so damages available.18 Frost v The Chief Constable19 would tell us that Sigmund could be classified as a rescuer as he assisted in the aftermath of the tragedy. It was felt that in white Does Bushco owe a duty of care to Geoff? A duty of care does exist. In an employer employee relationship. Geoff may be eligible for damages as harm was suffered under his employment. If Geoff is found to found to have gone outside the normal course of his employment Bushco won't be held liable. Frost v The Chief Constable (1997)20 recognizes a duty of care to guard against all kinds of injury is to be owed to employees and recurs 21 Geoff will only be able to claim as a secondary victim only if he comes under the Alcock test. The employer could be responsible for failing to protect Geoff from psychiatric harm.22 Are the police in breach of their duty to Herbert? (Novus actus interveniens) Is there a duty of care? The court will apply Caparo v Dickman (1990). ...read more.


United States v. Carroll Towing Co.35 For a successful claim, the law must recognise the liability of Herbert in this situation. He must fail to conform to the standard of care test. The defendant, Mr Jones, must have suffered a harm (damage) for which the law regards the defendant as responsible in whole or part (causation).36 We know that Herbert was driving at high speed, but would the accident still have an occurred if the oil have not been spilled and if the police had warmed about the oil? Herbert may be capable pf being in breach of his duty of care to Mr Jones. The courts held in McGhee v. National Coal Board37 that each one had materially increased the risk of injury, by their negligence, so each should have the burden of disproving the causal link. Liability was available to a claimant when the actions of the police were so against police policy that it was in-fact reckless. The case involved a traffic accident and a Mounted Police officer, the Chief of Police had instructed the mounted police man to drive onto the mounting traffic and was subsequently struck by an oncoming car. Damages were available there just as they should here. Police are afforded certain protection and 'floodgates' are cited as the main overbearing reason. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Law of Evidence - R v Kearley

    5 star(s)

    Finally a point made by Spencer33 is that in three attempts made by Parliament, each one has made hearsay more muddled than before, which according to him makes it even more depressing when the court get the chance to knock some sense into it and refuse.

  2. Criminal Law (Offences against the person) - revision notes

    - Jones and other school boys were tossing their victims up into the air and dropped him. Broken arm and bad internal bleeding occurred. S20 GBH reckless causing grievous injury Jones appealed saying he should have been able to use the defence of consent COA decided there was implied consent

  1. Study the concept of Reasonable man and reasonability in tort law.

    to the transfer of the quality from particular arguments to particular arguers. In the same way as we allow our immediate assessments of the reasonableness of people to be confronted with and sometimes corrected by our earlier and more considered assessments, so we allow our own assessments to be modified by those of others whom we respect.

  2. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    call the "permanently unstable" position of intimacy with Christianity and hence demanded resolution. Typically, Christian polemicists and other western writers suggested that the problem posed by Islam's proximity might be solved in one of two related ways: either by fully assimilating Islam to Christianity or by exposing it as a diabolical plot and altogether rejecting it.

  1. Metafiktion er betegnelsen for den type af sknlitteratur, film og drama, som gr opmrksom ...

    Inde for metafiktion findes der forskellige former og retninger. Der er: Autormeta - en metafiktiv form, der repr�senteres i rammefort�llingens tematisering af selve fort�llingens skabelsesproces. Autormeta indeb�rer ogs� en selvrefleksiv fremh�velse af forfattern, eksemplevis ved at sammenligne den litter�re skaber med gud.

  2. Vicariouis liability and article 21

    is a new concept and must be appreciated RELATION BETWEEN VICARIOUS LIABILITY AND ARTICLE 21 Understanding vicarious liability Vicarious liability2 means that one person takes or supplies the place of other so as far as liability is concerned.3 This doctrine has its roots in the earliest years of common law.

  1. The Law Relating to Negotiable Instruments

    By payment in due course; 2. When the principal debtor becomes the holder; 3. By an act that would discharge a simple contract; 4. By renunciation; and 5. By cancellation. 1. By Payment: A negotiable instrument is discharged by payment made in due course by or for the primary party or by a person who is

  2. Using actual situations describe the elements of actus

    her themselves, or if they think the matter too grave for their powers, they may pass it to the Crown Court, which has power to pass more severe sentences. They should not do so unless there is something that became apparent in the course of the trial which makes the

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work