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    Hi,

    I need some help with this Negligence Problem-question for Tort law please.

    I need to:
    1. Determine who the claimants are and who they might sue
    2. Consider the criteria for Negligence (i. Duty of care, ii. Breach of Duty, iii. Causation, iv. Remoteness, v. Defenses)

    Any and all help would be really appreciated!



    Lily is a single mother. She takes her daughter Zoey (a two year old infant) to a local playground. While lighting a cigarette, Lily starts talking with another young parent, Anthony. Lily is distracted by Anthony’s good looks and gritty charm. Meanwhile, Zoey starts to wander over to the road.

    Anthony notices a possible catastrophe and rushes out after Zoey. Anthony just manages to save Zoey from being run over by Gibson, who is driving a van within the speed limit and quite safely. However, Anthony has too much forward momentum and collides with Gibson’s van. Anthony is seriously injured. Gibson skids off the road and crashes into some playground equipment. Luckily, no children are using the equipment.

    Samantha, driving at speed behind Gibson, sees the above-related events and puts her foot down hard on the brakes. Samantha’s car skids on an oil slick and crashes into a tree. Some distance behind the tree was Oliver. Oliver thought that Samantha’s car might hit him and he started running away screaming ‘Oh Lord, don’t take me now!’ Oliver has an underlying personality disorder and develops a paranoid fear of going out into the street. As a result, he loses his job and his livelihood.

    The accident involving Oliver is witnessed by Grace, Zoey’s grandmother, who is also at the park. Grace suffers from a brief fright, but believes that she will be alright. However, she later develops post-traumatic stress disorder as a result of this event, combined with the news that Zoey barely escaped a serious injury. She had not seen the incident involving Zoey herself, because she had been busy setting out the picnic lunch.

    Identify any actions available in the tort of negligence and analyse the elements of the tort accordingly.
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    Hi there,

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    1) Claimants= Oliver, Grace and Anthony and Samantha- people who might be sued= Lily for negligence is a possibility and Gibson for dangerous driving/causing injury. Not honestly sure though tbh.
 
 
 
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Updated: January 15, 2014

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