Tort Case Study

Law Of Tort This is a fairly unique case in the respect that there was one victim named Imogen who was first hit by a car and secondly run over by a van and was left with a concussion and a lame leg due to somewhat negligent riving skills of two drivers. Secondly there was a pedestrian and a witness to all of this, Gabriel who suffered psychiatric illness after he has rescued the injured child. Since the accident took place in England law of tort would be applicable, which is prevalent in England, Wales and Scotland and the parties who would be able to file the claim are Imogen and Gabriel. The guilty parties are Horace, the driver of the car and Joseph who was driving the van. To begin with if we look at the case more closely, Imogen was walking on the zebra crossing and that was her right and any passerby in a car should have halted which Horace did not. It was Gabriel who took a lot of risk and rescued the kid but to what avail. Once he had dragged her out the van ran over the kid damaging her leg almost permanently. The driver Joseph was speeding notably fast just because he was late on duty to his own negligence and that makes him guilty on two counts. First he dishonored his employer and secondly ran over a kid who was lying on the road because of his speeding. Not only by the rules of driving but also in the light of humanitarian laws that is simply unacceptable and it does get any more reckless than this. The law would definitely come into play and it depends on how these two present their cases. This is the case of proposition underpinning the deduction options. It has to be argued whether the parties agree or disagree with that proposition. It is particularly interesting to hear views on discussion of the policy argum...

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...wn because he was late due to his personal innuendo with someone and was speeding to cover up for the lost time and delay. Neither his employer nor his job required him to do so. So in short as far as the law is concerned there is one victim and two guilty parties and they are liable to put to sword and any number of claims can be mentioned as given earlier on. If the settlement can be made then well and good otherwise settling in court is a good option. As for Gabriel if he wants compensation, which is somewhat unlikely to get his best bet, would be going to court but even then legal costs involved might be higher. So what he can do is file the case along with Imogen in collaboration and put forth his claim and in unison his case would stand a better chance under the Tort Law. References Grolier’s Encyclopedia Britannica Encarta Manual on English Law of Tort, 2002