Law in Practice UK - Essay Example

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This report sets out the main issues involved in taking a civil action for personal injury in respect of the accident, it includes the actions and/or solutions that need to be taken where appropriate.
Following is the situation under consideration. …
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Law in Practice UK
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Download file to see previous pages Mr. David Balls, aged 41, has mentioned that he is married to Edwina Balls, 32 years of age. This couple has been married for a total of 8 years. On Valentine’s Day of 2011 (February 14th, to be exact), Edwina did not return home. A man named Harry Williams phoned Mr. Balls and informed him that he and Edwina had been having an affair for the past three months, and, in fact, she was asleep in his bed right now. David found out where Mr. Williams was calling from and he rushed out of his home to go to Harry’s house to confront him.
David was driving from his home along Romford road and through the traffic lights (East) at Manor Park junction towards Ilford where Harry lives. At that moment, another driver came from the right and smashed into the driver’s side (offside) of his car. The police and the ambulance were alerted to the scene.
David sustained bad bruising to his right leg but otherwise was unhurt. The other driver, however, had been thrown through her windscreen onto her own bonnet, and then onto the ground. The other driver—Katherine Buckingham, age 31 years old—sustained whiplash, a broken nose, concussion, and a badly bruised shoulder. Katherine also sustained cuts on her face and arms from the windscreen. Police officers told David that Katherine had not been wearing a seatbelt. Both drivers were breathalysed but neither was over the alcohol limit for driving. Everyone owes a duty of care to those affected by his or her actions and is liable in law for his or her negligence. Tort is the law that relates to civil wrongs, and in particular the laws relating to negligence. Personal injury is a particular form of negligence which can be brought to the courts on the part of the plaintiff. Mr. Balls does have a case for suing Ms. Buckingham, because personal injury consists of doing damage to someone’s person. However, Katherine may have a case when it comes to Mr. Balls running into her on the road, since what he did could be considered driving recklessly in a fit of passion—similar to how second-degree murder is not premeditated but is a crime of passion. Katherine might not be liable for David’s wrongdoing here, although she could be given a fine for not having worn her seatbelt. Here, the law of tort, negligence, and duty of care will be sufficiently explained. II. Law of Tort ‘Tort’ is the French word for a wrong. Torts are civil wrongs. Civil wrongs can be contrasted to criminal acts although one action might result in a potential liability for two claims, one civil and one criminal. If D runs into P on the road, D is liable to be prosecuted for civil sanctions such as fines, community penalties or imprisonment, which might be applied by the civil courts. But P can also sue D in the civil courts for any damages for the injury and loss that has been suffered. Negligence is a tort. III. Negligence, Liability for Negligence, and Defences Against Negligence The case of “Donoghue –v- Stephenson” (2011), set out the basic principles of negligence in English law (pp. 1). The case concerned food poisoning suffered by Mrs Donoghue whose bottled ginger beer was contaminated with the remains of a decomposed snail. As Mrs Donoghue didn’t buy the ginger beer (her friend did) she had no action in contract law (so she wasn’t a party to that contract). The case decided that, in English Law there must be and is a general conception of relations giving rise to a duty of care. The liability for negligence is based upon a general public sentiment of wrongdoing for which the offender pays. The case created the concept of negligence as an action in civil law allowing injured parties to sue wrongdoers for their loss and damage. To find a defendant liable for ...Download file to see next pagesRead More
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