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Style:
Harvard
Subject:
Law
Type:
Essay
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English (U.S.)
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Topic:

Legal Issues and Duty of Care in the Tort of Negligence

Essay Instructions:

The OSCOLA referencing style must be used. Footnote References must be included
QUESTION 1
Read the following scenario and answer the question by considering the legal issues arising.
Ruby, who recently passed her driving test, decides to drive into town. On turning right at a junction, she negligently fails to see a car being driven by Peter and crashed into it. John, a nearby pedestrian, heard a screech of car brakes, rushes to the scene of the accident and sees that Peter was badly injured due to the accident caused by Ruby’s motor car. John gets a terrible shock at seeing Peter’s injuries and collapses afterwards. He is taken to the hospital with a suspected heart attack.
Advise Ruby, Peter and John on their legal position, analysing the legal issues, and illustrating your answer with reference to relevant case law. (1100 word-Limit)
QUESTION 2
Discuss what is meant by a ‘duty of care’ in the tort of negligence, illustrating your answer with reference to relevant case law. (1100-Word Limit)

Essay Sample Content Preview:

BUSINESS LAW
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Question 1
In most cases, auto claims tend to be considerably overrepresented amongst subcategories of entitlements in the tort liability structure where the plaintiff's damages are exaggerated or generally made-up. Ruby has crashed into Peter's car because she negligibly didn't see the vehicle. When John rushes into the accident scene and sees how badly injured Peter was, he gets a shock and later collapses. It is suspected that he had a heart attack and is rushed to the hospital. This essay advises Ruby, Peter, John on their legal position.[Freeman Engstrom, Nora. "When Cars Crash: The Automobile's Tort Law Legacy." Wake Forest L. Rev. 53 (2018): 293.]
Ruby can be sued for causing the accident, particularly because it happened due to negligence. Ruby behaved in an inconsiderate manner and caused the accident, and it is for this reason that this is termed negligence. He was supposed to be reasonably careful as the law requires when encountering people on the road, whether pedestrians or other drivers. However, he did not adhere to the rule thus, he breached the duty of reasonable care. In determining whether Ruby was cautious enough, the law is going to compare his conduct with the conduct anticipated from a reasonable individual.
In a similar scenario, a reasonable person would have watched for the car that Peter was driving, slowed down, and maintained a steady speed instead of crashing into it. Ruby was supposed to be watchful and able to keep an appropriate lookout. Drivers have a responsibility in keeping alert and maintaining a cautious lookout for other road hazards, pedestrians, and vehicles. Failing to keep a good lookout is regarded as negligence.
Moreover, Ruby should also have been able to keep his car under control. In preventing the accident, it would have been better to stop quickly. There are many possible reasons that may have caused Ruby to cause the accident. Either he was driving under the influence of alcohol or was stressed or engaged in other things such as texting. Of course, to make such allegations or sue on such a basis, Peter will require evidence of the allegations. If the police were able to arrive at the scene early, or rather if Ruby was instantly arrested, the police would have been able to determine the reason for negligence.
After the comparison, the defendant's behavior will fall out of how a reasonable individual could have acted, thus the violation of reasonable care duty. Peter is the plaintiff as he is responsible for bringing the lawsuit and must show that the defendant, Ruby, was negligent. Ruby's conduct managed to cause injury to Peter, not forgetting John, who got a heart attack due to the incident. Peter is the plaintiff as he is responsible for bringing the lawsuit and must show that the defendant, Ruby, was negligent. Peter must be able to prove that the injury that he got was due to the accident and not any other previous occurrence. If Peter is able to show that Ruby was careless and negligent, Ruby will have no option but to pay injury damages.
Peter is the victim thus has the entitlement to injury compensation, car damage, as well as pain and suffering reimbursement. In case there was no attestable i...
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