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Tort Law Coursework Help

Firstly, I am not asking anyone to give me the answers to this Tort Coursework.. but simply asking if the points I've made are VALID.

Andrea was cycling along a busy main road and failed to notice that the traffic
lights were red. As she cycled through the red light she was hit by a car driven by Bernice, who was exceeding the speed limit and was therefore unable to stop in time. Andrea was knocked to the ground and both her legs were broken.

She was taken to hospital, where Dr Coles operated to mend her broken bones.
He failed to inform her that the operation carried a small but recognised risk of
nerve damage. Unfortunately for Andrea, despite the fact that Dr Coles carried
out the operation carefully, the nerves in her left leg were damaged, which meant that her leg sometimes gave way under her.

Three weeks after leaving hospital, Andrea was climbing the stairs to her third
floor flat when her left leg gave way. She fell down the stairs, breaking her arm.

Advise Andrea as to her remedies, if any, in tort.

* DR cole owes a duty of care to Andrea, due to the established neighbour principle from Donoghue V Stevenson. She would be able to claim for damages? The part I'm stuck on is remoteness and causation. Any tips?
Reply 1
Original post by Tanya---
Firstly, I am not asking anyone to give me the answers to this Tort Coursework.. but simply asking if the points I've made are VALID.

Andrea was cycling along a busy main road and failed to notice that the traffic
lights were red. As she cycled through the red light she was hit by a car driven by Bernice, who was exceeding the speed limit and was therefore unable to stop in time. Andrea was knocked to the ground and both her legs were broken.


Tort of negligence for broken legs.
Duty of care? (+) -> Donghue
Breach? (+) -> Exceeding speed limit
Causation (+) -> But for exceeding the speed limit Bernice could have stopped in time
Remoteness (+)
Contributory negligence -> Failure to notice red light.


Original post by Tanya---
She was taken to hospital, where Dr Coles operated to mend her broken bones.
He failed to inform her that the operation carried a small but recognised risk of
nerve damage. Unfortunately for Andrea, despite the fact that Dr Coles carried
out the operation carefully, the nerves in her left leg were damaged, which meant that her leg sometimes gave way under her.


Battery -> Prima facie establsihed,
Consent? Probably (-) as not fully informed consent.

Tort of negligence. Duty, Breach -> Carried out operation carefully, but negligent not to tell her? Why should causation be a problem? But for telling her, she might not have allowed the operation

Is Bernice also liablke for the operation?

Original post by Tanya---
Three weeks after leaving hospital, Andrea was climbing the stairs to her third
floor flat when her left leg gave way. She fell down the stairs, breaking her arm.


Can she make Coles liable? Was is required for a claimant to break the chain of causation?

Advise Andrea as to her remedies, if any, in tort.

* DR cole owes a duty of care to Andrea, due to the established neighbour principle from Donoghue V Stevenson. She would be able to claim for damages? The part I'm stuck on is remoteness and causation. Any tips?

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