Law question

Hi, I have a scenario which details:

The employer said he would pay Eric (defendant) 'a bonus if he completed all his lorry deliveries on time.' This led to Eric driving overtime to try and complete his tasks. Eric then fell asleep and crashed into a stationary car on the hard shoulder. The victim refused treatment at the hospital (not for religious reasons) and died.

I am thinking that:
- Eric was driving dangerously under the RTA;
- Causing death of victim;
- By unlawful act manslaughter/ gross negligence.

But am not sure if the Employer's promise counts as economic duress which prompted Eric to work overtime.
And if the employer is liable under employer liability/ corporate manslaughter and how to address this.

Any help appreciated!

Reply 1

UoL Students

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Original post by Willow1711

Hi, I have a scenario which details:
The employer said he would pay Eric (defendant) 'a bonus if he completed all his lorry deliveries on time.' This led to Eric driving overtime to try and complete his tasks. Eric then fell asleep and crashed into a stationary car on the hard shoulder. The victim refused treatment at the hospital (not for religious reasons) and died.
I am thinking that:
- Eric was driving dangerously under the RTA;
- Causing death of victim;
- By unlawful act manslaughter/ gross negligence.
But am not sure if the Employer's promise counts as economic duress which prompted Eric to work overtime.
And if the employer is liable under employer liability/ corporate manslaughter and how to address this.
Any help appreciated!

Hello,

Firstly, you may want to consider whether there is a specific driving statutory homicide offence instead of unlawful act manslaughter/gross negligence manslaughter, but it is a good idea to apply all possible offences. Without knowing what the question is asking I cannot say for certain whether a discussion of economic duress is required in any detail but looking at the facts you have provided, it would likely boost your answer if you did consider vicarious liability.

I hope this helps, if you have any further questions please do let me know.

Charlie
Law LLB Student