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Tort Problem Question Answer
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I will be considering each plausible defendant in turn, whom Mr. Colin (hereby referred to as the claimant) could recover compensation for his injuries under the law of tort. The principle area that this question is concerned with is the breach in duty of care due to negligence. Hence, we will be looking at whether or not the claimant is liable to succeed in this claim. The burden of proof lies upon the Claimant to prove that the elements of negligence were present and hence make the defendant(s) liable.
Claim Against Kylie
Claim against Negligence
When we consider the actions of Kylie (hereby referred to as Defendant 1), it is plainly visible that her actions were negligent as she had wandered outside of the school property and stood in the centre of the road. A reasonable man would not have done so. Pedestrians are supposed to be aware of the traffic and move along the road with caution and young children especially are not allowed to be alone in the road , as per clause 4 of the Highway Code's Rules for Pedestrians1, which the Defendant 1 had failed to do. And so,
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