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

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Introduction

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.

Middle

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.

Conclusion

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.

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