Wednesday, December 4, 2013

Law Of Torts 2 - Question Problem Type

This rule would operate nonwithstanding the unlawful act of the plaintiff or any other suspectW . Friedman counters that the `last opportunity ism has evolved to be synonymous with `responsibility for the injury itself . The doctrine novus actus internieniens is not in all probability to permit responsibility to shift from one defendant to other . Lord Neil maintains that ` .even if the defendant is shown to be careless .
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the financial duty allow only ensue if there is a causal link between the carelessness and the damageIn for Ben s estate to establish a claim in offensive shock they leave alone dim to demonstrate that he suffered from a recognizable psychiatric stop as a direct result of what he maxim in respect of the accident Lord Ackner said that nauseated shock necessarily involved a `sudden compass by sight or sound of an horrifying popular opinion Again the public policy considerations discussed in respect of the cases of Pitt and Aston will provide viable defences against any claims raised by Ben s estateIf Ben had a history of suicidal tendencies and this was known to the police force , the craft of a duty of care would remain the same . In jalopy v head word Constable of West Yorkshire constabulary (1988 ) 2 ALL ER 238 Lord Keith said of obligation in respect of police officers that `in some instances the imposition of liability may lead to the exercise of a black market universe carried on in a detrime ntally defending body of mind It is clear ! from this conclude that the courts are slow to trim a duty of care in cases involving police officers unless remissness relates to the nature of police work . The same reasoning would reserve if Ben had suffered chronic depression and was taking medication for itBibliographyAlcock v Chief Constable of the South Yorkshire...If you want to get a serious essay, order it on our website: OrderCustomPaper.com

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