How do we determine what a reasonable man would do? March 29, Coursework ID: Jock has bought a new motorcycle, a 1,cc Harley Davidson, having traded in his 50cc scooter, and decides to go and show his friend, Julia. She is very impressed with the large and shiny bike and asks for a ride, but unfortunately, neither she nor Jock have a crash helmet for her; she is insistent, and Jock finally gives in and, against his better judgement, agrees to let her ride pillion.
Once on the road, however, he starts to speed up and is oblivious to her asking him to slow down as the wind makes it difficult to hear her. They reach a stretch of road where there are a lot of trees and bends, but Jock does not slow down as they come round a blind bend at Cotterell Farm, where the farmer, Mr Cotterell, is crossing the road with his small grandson, Nick.
Jock hits the brakes, swerves, and misses them, but crashes through the drystone wall. Julia is thrown from the bike and suffers severe head injuries and bruising to the body, Jock is only bruised.
Mr Cotterell and Nick were unhurt, however Mrs Cotterell rushes out of the farmhouse, sees the bike and runs towards it, thinking her grandson and husband have been injured.
As she crosses the road without stopping to look, a car, being driven at nearly 70 mph by Penny, swerves but cannot avoid her and she is killed instantly. Penny's car runs into a wall, is badly damaged and she suffers a broken arm. Advise the different parties as to their tortious liabilities. The preliminary criteria still used today was established December, Date submitted: February 22, Coursework ID: After months of disagreement Jack moved out of the family home in July and into a rented accommodation.
Jack who was completing a nightshift was trapped in the premises. Jill initially assumed that Jack was involved in a minor incident. Arriving on scene at 7am, she witnessed numerous fire engines and ambulances. At the emergency triage area Jack had received emergency treated and was covered by a blanket, only his singed hair, blackened face, burnt hand and a tube inserted into his throat was visible.
Witnessing this cause Jill to break down and weep and shake uncontrollably. Jack was transferred to Midlands Hospital where he stabilised. Jill remained at his side for the entire week before he was discharged and returned to his family home. Subsequently Jill brought about a claim for negligently inflicted psychiatric harm as she displayed Post-traumatic stress disorder and suffered frequent flash backs of the scene.
The Trial Judge Lean found the following facts, i Jill had suffered a medically recognised psychiatric disorder from nervous shock, ii When Jill first saw Jack, he was in a controlled state and was not being treated, iii Jack and Jill subsequently divorced.
Judge Lean found that Jill could recover as secondary victim on the grounds that, as spouse it was clear that she had a close tie of love and affection with Jack and arriving at the factory Jill had witnessed the immediate aftermath and was therefore proximate to the accident in time and space.
January, Date submitted: May 05, Coursework ID: The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site, local residents reported that youths had broken into the site on a number of occasions.
Last week a group of youths from a nearby young offenders institution, operated by Chigley Services Ltd CS under contract to the Home Office, broke into the disused school and set fire to it. The youths had been clearing rubbish from a neighbouring stream and were supposed to have been under the supervision of Justin and Jason, both of whom are CS employees. However, Justin and Jason had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred.
The fire caused damage to neighbouring property including a baker's shop owned by Mark. It is likely to be many weeks before the business can reopen and Mark stands to lose many thousands of pounds in lost profits. It later transpired that the fire would not have had time to spread to neighbouring property had the Fire Brigade acted more swiftly.
The Amber Valley Fire engine was unavailable at the time and another engine had to be dispatched from Leicester. The crew got lost on the way because they put the wrong address in the sat-nav satellite navigation device. But note however, the interrelationship between tort and contract regulated by the statutory provisions relating to contractual exclusion clauses such as the Unfair Contract Terms Act Despite such blurring of the distinction, substantial differences remain which will bear upon the choice by a prospective claimant between jurisdictions.
The traditional example given as to why contract might be preferred over tort concerns the issue of recovery of pure economic loss. In cases of contract, damages might be recovered for loss of profit whereas in tort the assessment of damages involved a calculation oif what was required to restore the claimant to the position in which he found himself before the tort occurred.
However, even here there can be difficulty in distinguishing the operation of the tort jurisdiction from that of contract in relation to a specific set of facts. A significant factor influencing the choice of jurisdiction may be the operation of the Limitation Act Under this Act, a standard limitation period of 6 years applies in both tort and contract save personal injury cases in which it is 3.
However, there is a profound difference in that in contract the time begins to run from the date of the breach whereas in tort it only begins to run from the date on which the damage is suffered. Of course, in many cases, these dates will be identical but there will be instances in which the inconsistency may operate to the disadvantage of the defendant.
A final consideration which may influence claimants is the distinction between the respective tests for establishing whether damage is too remote to be recoverable. Thus it has been traditional to assert That the test in contract is the more stringent. However, doubt was cast upon this in H. Essay UK - http: If this essay isn't quite what you're looking for, why not order your own custom Law essay, dissertation or piece of coursework that answers your exact question?
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May 31, · Free Essays from Bartleby | Business Law 1 Mid Term Teshvinder Singh Chopra SEGi University College: American Degree Program 2 July Accordingly, as with.
- Tort Law Tort Law has been a Civil Law practiced and used since the beginning of Law, after mankind first discovered what was right and what was wrong. It is a private or civil wrong for which damages may be removed and involves; falls at work, work vehicles, and nuisances. Tort Law School. Advise the various parties to their rights and obligations in relation to the two scenarios below. Answers should be around words each.
INTRODUCTION TO THE LAW OF NEGLIGENCE • NEGLIGENCE is a fault-based civil liability system as a basis of liability, and considered a broad concept encompassing many types of harm • The tort of negligence is composed of a number of elements, most of which must be proved by the plaintiff (P). This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Tort of Negligence Damage and Injury | Free Tort Law Essay.