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Courtney146
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If someone threatens someone and that person gets scared and steps back on to the road and gets hit by a car , then does the person who threatened her have any liability towards it, I don’t think so as it was not like the victim was pushed as she moved herself but I can find the legal answer??
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kingyii1997
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(Original post by Courtney146)
If someone threatens someone and that person gets scared and steps back on to the road and gets hit by a car , then does the person who threatened her have any liability towards it, I don’t think so as it was not like the victim was pushed as she moved herself but I can find the legal answer??
If someone threatens someone and that person gets scared and steps back on to the road and gets hit by a car , then does the person who threatened her have any liability towards it, I don’t think so as it was not like the victim was pushed as she moved herself but I can find the legal answer??
2. Threaten someone might amount to an assault.
3. AR is fulfilled since the victim felt scared and steps back
4. MR is satisfied as to the defendant intentionally threaten according to the wording.
5. No defence is available. The intervening act is foreseeable as someone will escape once feel threaten and scare. Apply the 'but for' test'. In this context its a no, therefore the defendant is liable. You can apply the Thin Skull Rule if the question indicates that the victim is more vulnerable.
There are several case law related to this situation. Hope it helps!
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