Tort Law

After reviewing the positions , I would advise Jason , Penny and Fancy Fashions , Ltd . of their mathematical attains of action vis-a-vis the parties who may be held liable for allowance for their slackness , namely , Alice Joyce , the junior doctor , the nurse who administered the anti-tetanus smear serum , and Richard s Teaching HospitalIn particular , I would advise Jason to fruit ratified action against Alice the scholar device driver , for redress sustained by him as a result of the impact with her automobile . My advice is ground upon the fact that Alice is liable for actionable slackness . Traditionally , the elements of a urinate of action for negligence be (1 ) a commerce to use liable c atomic number 18 (2 ) a failure to line up to the involve measurement (3 ) a jolly close causative connection betw een the engineer and the resulting brand , commonly called immediate cause or ratified cause and (4 actual leaving or wrongfulness to the aggrieved troupe (Prosser 1982 . Alice did non comply with her calling of seeing to it that her act of brainish does non result in dishonor to another . Knowing that she mustiness be in particular careful at a road portion designated for flock crossing she should set out slowed brush up . Her not exercising reasonable care while driving is the proximate cause of the virgule , which resulted in actual damage to JasonI would , however , caution Jason that the labor movement of proving the negligence of Alice would not be easy or guileless . The fact of the mishap occurring having been proved , Jason would now have to march that Alice was negligent , and that such negligence is the proximate cause of his injury . To do this , he has to show that Alice fell short of the stock(a) of care required , that is , she failed to do what a reasonable , discreet ! person would do under the same or akin(predicate) circumstances (Prosser 1982 .

Jason may make do that in determining negligence , the law makes no tubercle as to whether or not the defendant is a learner driver or an undergo professional , that what is expected of Alice is that standard of care expected of a reasonable man in to prevent a predictable wrong . A reasonably diligent person ought to be aware that prosy crossings are designated passageways for people and that it is a raw material rule among motorists to wreak due care when approaching such crossings . As every learner driver ought to know , whiz of the fundamentals of safe driving is to be always rattling at pedestrian crossings traffic signs are adequate monition to this effect . consequently , a reasonably diligent driver should approach such crossing with caution by retardant down , his buns poised to hit the brake foot lever if required . Judicial notice may be taken of the fact that braking is one of the first skills taught a learner driverIn picturesque , Jason would have to satisfy the court (2 ) that the negligence of Alice is the proximate cause of Jason s injury , and (2 ) that there is no contributory negligence on his partProximate cause has been defined...If you want to get a full essay, install it on our website: OrderCustomPaper.com

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